Marso asked for a blood test, but they didn't give it to him. It used to be the law that you were entitled to a blood test if you asked for one, but that may no longer be the case. While I don't know, I think there's a decent chance he won't get convicted on this DUI.
I hope MontJoe 16 applies for a job at my firm or I run across him sometime, because I'll enjoy running him out the door. Self-righteous, a jerk, makes up stuff on a message board, doesn't know the basics about providing legal advice. Must be a huge loser and low life, and maybe not so bright.
Also, as to MJ16's comment ("Furthermore, if Mr. Marso wasn't doing anything wrong then why did he refuse the Breathalyzer?"), this is a pretty stupid comment for someone who is or has been a law student. This is what many lawyers routinely advise people--if you've had a few drinks or more and you think you're going to want to fight the DUI. A failure of the breath test is convincing evidence in court. Generally, you're better off to be fighting over whether the police had the right to stop the vehicle (if there's been a stop), and the specifics of the field test. Some people can't pass a field test when they're sober. Cops routinely put in their reports that the person smelled of alcohol, had bloodshot eyes, etc. That's virtually standard language is they're going to charge someone with a DUI. The downside of not taking the breathalizer is that you almost immediately lose your license, for six months I believe. It's possible to file some papers and fight to get the license back, in some circumstances, but it costs some money for legal fees and a positive result isn't assured.
Some of you seem to be hardasses on DUI's. Long prison terms, death penalty, losing your job, etc. Which is worse: driving after 5 beers, sleeping in your car with it running, driving 45 in a 25, driving 90 on the Interstate, driving on highways when you've been up for 24 hours, driving while talking on a cell phone, driving while text messaging? Most of the recent studies show that driving while talking on a cell phone impairs the driver as much or more than being a bit over the DUI line. See the articles in these links. Do any of you self-righteous types drive while talking on a cell phone?
http://unews.utah.edu/p/?r=062206-1
http://media.www.lsureveille.com/media/storage/paper868/news/2005/03/17/News/Study.Cell.Phone.Use.Hinders.Driving.Reactions-2052215.shtml