Under current law, Yes!
I was just talking to my son about this and he says 'no'. He says when you get your driver's license you give up the right to an attorney when you get pulled over and are asked to take blow into the machine. He says the decline is an admission of guilt.
Yes, you have to blow in the road-side machine or do the field sobriety test.
That happens BEFORE you are arrested. The thing is, those road-side machines aren't accurate enough to stand up in court.
Once you get to jail you will be questioned and ask to blow in the calibrated machine or go to have blood drawn.
At that point you have the right to advice of an attorney and can answer every question...”I don't understand my rights and want to speak with an attorney.”
The cops can get a judge to issue a court order to have blood drawn but that also takes time.
The cops can't do anything unless you agree, or they have a court order from a judge.
You admitted no guilt and you refused nothing. The only thing you did was exercise your legal right to advice of counsel.
It's not your problem that your BAL will go down in the hour or so that it takes to get an attorney or a court order.
The problem is that cops arrest people for being over, or close to, a magic number that they pulled out of their a$$, that has no bearing on being drunk.
.05 isn't drunk or anything close to it but that is the number they use now.