He's focused solely on the Field Sobriety tests -- standing on one leg, horizontal gaze, and walk & turn -- not an actual breathalyzer. The tests are subjective

He's focused solely on the Field Sobriety tests -- standing on one leg, horizontal gaze, and walk & turn -- not an actual breathalyzer. The tests are subjective. I'm not sure if refusing a breathalyzer is always an admission. In Virginia, you can refuse one in the field. If they arrest you, the "implied consent" law says you cannot refuse one. If you do, even if you pass, you'll be charged with violating the "implied consent" law.