Yes, the police will have the right to arrest you if you refuse to take either the FSTS or the portable breath test, but your refusal to do so will not matter if your chemical test results show that you are under the legal limit. For you to be charged with DWI, the officer must first be able to provide factual evidence that you were indeed over the limit or impaired. If the officer cannot prove his or her claims, then your DWI case may be thrown out.
If you are truly confident that you are not over the limit and that you are in complete control of your body, however, then you may take the field sobriety tests if you wish.
It is important to note that while you can refuse field sobriety tests and the portable breath test, the state’s implied consent law makes it illegal to refuse a breath, urine, or blood test at either the police station or hospital after you have been arrested for DWI. Refusal to take any of these tests may result in your license being revoked for at least one year, and being charged with a crime that is more serious. You do, however, have the right to consult with an attorney within a reasonable amount of time before making a decision about the breath, urine, or blood test.