It may be, and for more reasons than you may realize.
First, having an asthma attack is strong grounds to defeat the refusal charge, and could even contribute a defense to what the police officer observed as behavior indicating intoxication.
Additionally, if the Alcotest did get a reading at some point, it may have been artificially high if you had used certain asthma inhalers that contain a small amount of alcohol.
You should consult with an experienced DWI lawyer who knows how to push back against a prosecutor’s case with facts and reason.
Call attorney Matthew Reisig at 732-625-9660 today to talk to one of New Jersey’s most experienced DWI defense attorneys.