Can they charge me with a crime just for refusing?

This used to be no. Until Trenton's Law took effect, criminal exposure for refusal began with a second refusal — a first was a license matter handled by the DMV.

The 2025 amendment removed the prior-refusal predicate from the statute. A first refusal is now a second-degree misdemeanor. It's a separate charge from the DUI, filed alongside it, and either can resolve differently from the other.

Because it's a distinct offense, it has distinct elements the State must prove. Among them: that the officer had probable cause, that the arrest was lawful, that the person was informed of the specific consequences the statute requires, and that they refused after being so informed. Officers are now required to advise that refusal may lead to criminal prosecution and not just an administrative penalty.

That warning requirement is itself a defense issue. If what was read doesn't match what the amended statute requires, the refusal count is attackable.