Refusal to Take the Test is the offense. Kinda hard to get out of that.
Not really.
The road-side test is designed specifically so that the person fails. All DUI judges know that. It’s the first argument laid out by a decent DUI lawyer to argue that the test is biased and unfair and should get tossed out.
Refusing to take the road-side test while also refusing that you have been drinking will get you a ride to jail, but doesn’t mean that the charge will get filed by the DA.
However, if you are too drunk to talk or walk then you’re in a different boat.