Q: The cop was sitting and waiting for people to leave bar after work and pulled me over. He had my car towed. When I told him I would walk he gave me a sobriety test that I passed. He took me to hospital. I said no to the blood test and asked him not to tow my car. He asked me if I have a condition that would prevent me from taking sobriety test and I said yes. He still made me do it. I passed the nose finger-to-nose tip test. He took me to hospital. I refused the blood work. What can he do? He has no blood proof and I passed the test. (Pittsburgh, PA)
A: My condolences and all but he can arrest and likely convict you. If you only had a mixed drink and half a beer, why would you not comply with testing? Your refusal will result in a one-year suspension in addition to a one-year suspension for the DUI if convicted. As you can probably guess, the officer’s Affidavit of Probable Cause, which will be attached to your criminal police complaint, will paint a picture of an intoxicated person. With no blood or breath test to gauge your BAC, it will be your word against the word of the officer as to whether you exhibited behavior consistent with being under the influence to the extent you that were incapable of safe driving. If you plan on defending this, you will need to consult with an attorney on your chances.