That seems pointless and redundant in any state where the refusal to take a breathalyzer test is the equivalent of a guilty plea to a DUI charge.
The refusal is not the equivalent of a guilty plea. Under the model OWI statute refusal is just “evidence of intoxication” which can be rebutted by the defendant. Many experienced OWI attorneys have operated on the assumption that it’s easier to deal with a refusal at trial than a test result over the legal limit.