You’re absolutely right. My friends who are defense lawyers in Indiana tell me that the prosecutor usually upgrades the charge from a “C” misdemeanor to an “A” for anyone who refuses. Plus, I know of one person who was roughed up by the County Sheriff’s deputies pretty bad for refusing a field sobriety test then additionally charged with resisting arrest.
. My point is that or really my question is : what PROOF does the cop have of you being drunk other than his observation. Which means this is based on a subjective observation and what else? If you're driving all over the road, sure... or slurring and stumbling, but what if you've just had 3-4 beers and are at the lower end of the DUI scale?
Then it becomes subjective and reasonable doubt etc.
I'm not a big drinker anymore, too many kids and responsibilities, but had a colleague stopped after a party and charged with DUI.
Got booked and the whole nine.
I let my wife drive everywhere usually cause we go in her car not my truck to gatherings.
Are you a lawyer?