blood test refusal

what happens if someone refuses a blood test ? situation, this person is in the hospital, after being in a one vehicle accident. the police come in and want to take a blood test. He refuses a blood test, a breathalizer is not offered.... is this a refusal? the state this happened in is arkansas.

You can have your license automatically suspended/revoked. You need to check with your DMV on this.

Why? It creates a presumption of guilt.

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If you're over the limit I'm pretty sure you'll lose your license anyway. I would think a presumption of guilt better than proof of guilt. Definitely check the statutes yourself.

I understand that the presumption of guilt is there on a refusal; but my question is, what if you refuse the blood test, but are not offered the bac/portable or the machine? Should he have demanded it? The reason for denying the blood test, was he felt sure he would be stuck with the bill to go along with it...

We're definitely talking a "check the statutes" situation here. In Colorado at least a few years ago that would not be a refusal at least if you were stopped on the road.

Update: My son finally went to Court on this last week, the Judge laughed it out (literally) and then dismissed the charge. He asked the officer, did you give the sobriety test? answer/no. Did you see him drinking? answer/no. Did you see him driving? answer/no. Did you offer him the bac/portable? answer/no.
Judge says, how can you give someone a dui, just because you THINK he was drinking while he was driving? DISMISSED.

That is just sweet. Now if you were interested in pushing it, you could possibly sue for damages. After all, this should have never gone to court. The cop should have known that he didn't have nearly enough to try you so this could possibly be considered harrassment. I'm just glad this happened at the hospital with a lot of witnesses. Otherwise the cop might have just lied his way out of it. I'm delighted it worked out for you. God Bless!