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It all depends on the state laws but I think almost all have implied consent for testing. If you refuse you may have a chance if you spend some attorney jack. If you are convicted though your penalties often double normal. They are also increased in many states if you blow over a .15 or something.
If you are pretty sure you are under blow. If you are ass-hammered don't blow. In between is a tough call. Like others said don't do it, get a cab, a designated driver or get a breath tester if you are gonna drink.
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I&C#Q 3-0/2 7+3.3 0=5|2 
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