In every DUI case there is usually litigation concerning Refusal evidence. The government's proposition is that it constitutes a "consciousness of guilt" and is, therefore, relevant to the trier of fact (jury or judge). Most judges, previously, agreed and would allow the government to utilize that tactic at trial. Of course, no one is ever told that "hey let's do some field sobriety tests but if you refuse, the prosecutor will say it proves you were drunk!", thereby creating an unfair, unfounded proposition which then requires testimony from a defendant when they would normally be able to remain silent without repercussion. Unfortunately, in that scenario, a defendant is forced to call BS.