The behavior would determine the arrest, right? I mean, you have to be visibly drunk. Why would someone refuse a breathalyser?
There would be reasonable suspicion that the driver was runk, cuff them and stuff them and down to the jail they go, refusal to take the breathalyzer should be treated with the mirror image punishment as actually “failing” a breathalyzer.
No need to go for blood from an unwilling person, that just strikes me as too much power for the State to have for a misdeminor...
Now “what if” DWI was treated the same way that waving a loaded firearm around is? DWI’s kill more people, a car is far more deadly then a mere bullet...
“Why would someone refuse a breathalyser?”
I do. I had a cop stop me just because I decided not to make a left turn and stay in my lane after signaling.