My friends brother just got his first DUI. They charged him with a refusal to submit to a test, even though?

They got blood drawn from him. They claimed that he took 'too long' to give them blood and thats where the refusal comes in.My question is, isnt that hypocritical to slap him as a refusal and take his license away for a year yet they have a blood sample and are using that in the DUi case against him? It seems to contradict one another. Any help on this would be appreciated. its confusing! He has a lawyer though and they go to court May 15.Thanks.