Never heard of that. Maybe they can charge you with a DUI but you still have to go through the court process. You actually can decline the field sobriety test in all states which includes the breathalyzer. If you decline that they will book you to the station where you're required to blow into the machine at the station. If you decline to do this then it's a automatic suspension of your license (which happened to my friend as well). He went to DMV court 3 days later and the judge lifted the suspension.