https://dui.findlaw.com/dui-arrests/can-i-refuse-a-breathaly...
Sadly, as with many things in our criminal justice system, the answer ends up being "hope that you're not prosecuted by mistake, and that you have enough money for a lawyer if you are".
Presently its damages are externalities paid for by a fucked-up reverse lottery that we're all playing, most blissfully unaware. A significant fix would be to make the state responsible for the entire cost of all defense, days spent in a cage or court, any bail fees, and emotional distress. Having to pay compensation for their "mistakes" would obviously further increase the scumbags' perverse incentive to obtain convictions/pleas. But you'd hope after they had paid out enough for persecuting frivolous cases, budgetary constraints would necessitate a bit of downsizing.
I was pulled over for speeding, going 36 in 35. Yes I am serious, one mile over. But this wasn't surprising to me, I am a young Hispanic man so this is a normal occurrence for me.
First thing the officer said was "boy you look nervous". As most adults pulled over by police feel. I handed my license and insurance over. The license had my old address the insurance had my most recent. He asked? "Is this your address", "yes", "why is the address different?", "because I moved a couple of months ago and have not had time to drop by the DMV", "Step out of the car sir"
I refused the field sobriety test but offered a breathalyzer. I blew a .034, that's less than half the legal limit.
He asked more questions, I answered but was short and untalkative.
He ended up arresting me. I asked him, why if I blew half the legal. He gave me three reasons. One; I was speeding and that I must be intoxicated to not notice the speed signs, two; I was uncooperative and nervous and that's a sign of drug or alcohol use, and lastly I forgot my address so I was obviously impaired.
The latest offer from the prosecutor was moving my charge down to reckless driving with 1 year of probation. My lawyer says I can probably get it dismissed.
It has been the worst experience of my life. Thank god I have enough money to hire one of the best lawyers in town, for $7k btw.