I was arrested for DUI. I refused the blood test because I am almost positive he had no probable cause to arrest other than the fact that I invoked my 5th Amend. right to refuse field tests. If a cop asks me about a bank robbery , and I say I don't know anything or don't answer, that gives him reason to believe or probable cause that I did it? Anyway they got a warrant. Results were .06. Will they take my license for refusal even when case was dismissed? Should I site McNeely case as a defense at Adm. hearing if there is one. Can the judge just decide to give my license back or is it out of her hands. How in the world can a state law say that if you exercise your 4th Amend. right, you will be in violation of the law? How can a cop have prob. cause to arrest with nothing but invoking 5th?
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