If you conduct a traffic stop, and the operator fails a Field Sobriety Test, blows .00% BAC, then refuses a blood test, what can you do from that point?

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In this scenario, when a driver fails a Field Sobriety Test but subsequently blows a .00% BAC and refuses a blood test, the option to take away the driver’s license for a year is rooted in the state's implied consent laws. Under these laws, when an individual operates a motor vehicle, they implicitly agree to submit to sobriety testing when requested by law enforcement. Refusal to comply with a blood test can result in statutory penalties, including a suspension of the driver's license.

In this case, the refusal to take the blood test can indicate an awareness of their impaired state, which often leads to administrative actions such as license suspension. This administrative penalty is separate from any criminal charges that may arise from the situation, and is typically imposed to deter impaired driving, promote public safety, and uphold the laws regarding driving under the influence.

The option to tow the vehicle might be logical depending on the circumstances, but it does not address the administrative actions that follow a refusal of the blood test. Similarly, issuing a warning or filing criminal charges may not directly relate to the immediate consequences enforced by the driver’s refusal to take the blood test, making those options less relevant in this particular situation.

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