IANAL, most of this comes from reading supposed attorney posts on the subject. The takeaway is to decline a field sobriety test and ask for a breathalyzer. Chances are, if you’re being pulled out for a field sobriety test, there’s little you’re going to do to convince them to let you on your way and just gives them time to bring the breathalyzer.

If they don’t have one on site, chances are, you’re going to jail to do the breathalyzer. Here’s where I need to reiterate IANAL and that I’m only repeating others info. With a good attorney, they’re going to argue that it’s not against the law to be drunk at a precinct. You’re going to have to have your day in court for this to happen but the cops didn’t prove you were DUI, they only proved you were drunk at a department after being given a ride by them. A second point was that the only proof you of your intoxication lies within the machine and some officers report with a number. Breathalyzers are able to keep a sample of the breath for resampling later by an independent tester...but, chances are they assume you’re not going to fight that either. Supposedly that’s a few of the many reasons you see so many DUI lawyer signs up...because paying to get out of a DUI just comes down to money.