Typical rocket scientist arrested for drunk driving. No one told him he's under arrest? I think the handcuffs would imply that. Few know that in almost every state refusal to take a breathalyzer carries the same penalty as drunk driving and in some states it's worse.
How do they know he's under the influence without a roadside breathalyzer? Maybe by his driving, the odor of an alcoholic beverage on his breath, his blood shot eyes; his irrational behavior; possible open container in his car; failed balance test roadside or his failure to cooperate to do roadside balance tests. I have met these dopes in prison forever. They are all sitting in jail thinking they are attorneys.
Typically, officers have to tell you that you are under arrest, or it is an illegal arrest. You just don't roll up on the scene and place handcuffs on a person.
And in many states, the arresting officer has to determine how they know he was drunk---driving under the influence, and driving while impaired. Two diff things. And in many cases, refusing to take a breathalyzer, can undermine a officer's probable cause...people who have been thru the system (habitual drunk drivers)
know this.
