It isn't a clear traffic violation. I've been tired.....really tired and have stayed up much longer than 23 hours. I've never been so tired that I fell asleep at a red light while driving. That speaks to either a sleep disorder or intoxication.

long story short I denied the breathalyzer test (since you can get a .02 by chewing a piece of gum)

Well, that was really frickin stupid, wasn't it? If you blew a number on the initial, they'd let you take 10-15 minutes without eating/drinking/chewing anything and would retest you. If you registered alcohol on that one, they'd take you to the station and you'd use the real test. You wouldn't have tested positive because of gum, you would have failed the test because you were drinking. You didn't have a right to simply refuse the breathalyzer and demand a blood test. Source of that is here.

You're stuck in a hard spot now because you've got a refusal to blow here. Your license will be administratively suspended if you don't quickly file your appeal on the admin side of the house. You've only got 10 days to appeal an implied consent suspension. As for the actual DUI, this is going to be a bloodbath because the cop will testify that s/he walked up to your car, saw you slumped over your wheel at a stop light on a street, and will state that you refused to blow. It's going to go poorly for you.