People will tell me I didn't take the breath test, so they don't have any proof against me, and so they can't prove I was DUI. Well, that's wrong. You were arrested basically because the police officer thought you physically had too much to drink. In other words, your speech was slurred. The odor of alcohol was on your breath. Your eyes were glassy. You stumbled or you staggered. That's why you were arrested. With that proof, they can still take the case to court. There is the additional way that they can prove your DUI by proving you had an illegal alcohol level, but if you didn't blow, they can still prove that your normal faculties were impaired.