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The arrest is made at the side of the road. The only thing the officer needs to make an arrest is probable cause. If the person refuses to take the field sobriety tests on the side of the road, as is their right, the officer must base his decision to arrest solely on the observations that he sees on the side of the road.

Probable Cause IS NOT A HIGH STANDARD TO MEET.

Once he makes the arrest, that's it. In North Carolina, a magistrate has to release the arrested party.

§ 15A-511(1) A law‑enforcement officer making an arrest with or without a warrant must take the arrested person without unnecessary delay before a magistrate as provided in G.S. 15A-8209.501.

Once that is done:

(c) Procedure When Arrest Is without Warrant; Magistrate's Order. If the person has been arrested, for a crime, without a warrant: 1) The magistrate must determine whether there is probable cause to believe that a crime has been committed and that the person arrested committed it, and in the manner provided by G.S. 15A-8209.304(d). (2) If the magistrate determines that there is no probable cause the person must be released. (3) If the magistrate determines that there is probable cause, he must issue a magistrate's order: a. Containing a statement of the crime of which the person is accused in the same manner as is provided in G.S. 15A-8209.304(c) for a warrant for arrest, and b. Containing a finding that the defendant has been arrested without a warrant and that there is probable cause for his detention.

The officer COULDN'T release the suspect after she blew a .00. He was REQUIRED by LAW to take her to the magistrate to be released. That's how it works in North Carolina. If you don't like it, petition the legislature to give officers the authority to "un-arrest" a suspect.

How do you get from a headlight out to intoxication when there is absolutely no sign of it? Not to mention the rest of the tortuous path this trooper took the poor woman down. It was insane. The guy’s actions were insane. He’s an unstable personality. I was afraid of the guy just reading the husband’s letter. On top of that you have a Magistrate exhibiting the same type of behaviour. This is a small town corruption problem. Very common in the South. In GA its Habersham county. Everybody knows its totally corrupt. The cops have that same attitude.