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You can refuse to be breathalyzed. But, at least in my state, that is admissible as evidence of guilt of DUI (but if you agree to be breathalyzed and you blow within twice the legal range, under .16, the state will drop charges after you complete the program of community service, classes etc. They won't drop charges after completion of the program if you refuse to be breathalyzed). And, you can only refuse one time. The next time you get pulled over, it's a separate misdemeanor to refuse again. It's pretty much always in your best interest to be breathalyzed.
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