alt Hacker News> It’s an interesting aside in the story but if you’re under investigation for a DUI you can just refuse the field sobriety tests and it appears they don’t follow up so you’ll be declared innocent even if you were arrested for felony DUI.
I assume it varies but for most places if you refuse roadside field sobriety tests and they feel you have given indicators of impairment they will take you into custody. Then they'll take you to the station and give you the option of taking a breathalyzer and if you refuse again your license is automatically suspended for a year.
In my state they can get a judge to issue a blood draw warrant. I learned this because I was on the jury of a DUI case and the arresting officer said he didn't want to bother a judge so opted not to get a warrant after the driver refused the tests and breathalyzer. The prosecutor only presented "this cop is good!, he has 100s of DUI stops, trust him!". We acquitted due to lack of evidence.