Comment by projektfu

In the US there are usually two separate offenses, one being driving intoxicated as evidenced by your actions and failing a field sobriety test. The other is being over the limit on BAC. There’s a third violation, refusing a blood or breathalyzer test, that results in immediate suspension of the license, but it’s not a felony. In some states like NY there’s also a misdemeanor, driving with ability impaired, for those with BAC between 0.04 and 0.08. In most states these are all prima facie evidence of a crime.