Q: I was wondering if you could get charged for refusing a blood test if you are not placed under arrest
What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant
A: You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for an entire year for a first offense and 18 months for a second offense for not taking the test. This penalty is in addition to anything imposed on the DUI case. What you should do is contact a lawyer as soon as possible. Sometimes the officer can be contacted and convinced not to send the letter of refusal independent which could save your license. Start calling around, most of us give free consultations over the phone. Good luck
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