In most states that I am aware of, in the U.S., failure to take a breathalyzer is an automatic arrest, and suspension of your license for one year. Of course, failure to pass the breathalyzer, or blood test is also an automatic arrest and suspension of your license for a year, so they get you coming or going.

The best way to avoid it is not to drink and drive.
In some locales drunk driving accidents that result in injuries or fatalities they are attempting to go after the establishment, and even the individual bartender, as an accessory to the crime.

Gary

I'm blessed watching God do what He does best. I've had a few rough years, and I'm still not back to where I want to be, but I'm on the way and things are looking far better now than what they were!