Why didn't I just refuse the field sobriety test and how screwed am I?

In my opinion you must fight this case, if for no other reason to reduce the reading under .1 A .1 or over is a 7 months suspension and under is only 3 months. It sounds like you may be able to contest the entire case. Don't kick yourself. If you refused the FST he likely would have arrested you anyway. You can flunk those test even if you do a good job on them. They are divided attention tests and made to flunk. If you counted wrong, did not stand with the correct foot forward, did not keep your hands at your side, turned the wrong way etc. you can flunk. It can be contested but usually only if those reading are thrown. Retain an experienced criminal defense attorney ASAP.

You're going to be prosecuted for a DUI and for driving with a blood alcohol level of .08% or higher. You will probably lose your license for awhile and you could even go to jail. Retain a criminal defense attorney without delay.

Refusing field tests can be a double-edged sword. Many Judges will draw an adverse inference from a defendant's refusal to perform field tests (even though these tests are not mandatory). Some Courts will infer that the suspect refused to perform the tests because the suspect knew he/she would fail. In any event, it might be possible to compromise the field tests (and the Alcotest result) after a thorough review of the police reports, videos, "Alcotest" records and other evidence. I suggest that you start educating yourself regarding DWI law and procedure. Many lawyers will offer a free initial consultation (by phone or office). Retaining a high-quality DWI lawyer will afford you the best chance of success.

Over the last several years, it has been my experience that triers of fact will be sympathetic toward people who try to do standardized field sobriety tests, so long as they aren't literally falling down drunk. People can understand not being able to perfect, under spontaneous instruction, the walk and turn test and one leg stand test. What people nowadays don't seem to understand is that you have a right to decline to participate in these tests. Participation in the SFSTs isn't where you went wrong, unless you really had a rough time with staying upright at all. Your mistake was in submitting a breath sample for a certified breath test. The .10 is what you and your attorney will have a more difficult time with handling. Every jurisdiction, judge, and prosecutor is different. I would encourage you to contact and retain local counseling as soon as reasonably possible and begin crafting a strategy with that attorney to handle this situation moving forward, maximizing the best possible result for you. Good luck.

The PBT is inadmissible and the SFTS is delegitimized if not performed on smooth even surface. One of the first thing I do with clients is go to the scene and personally observe the surface. You are facing a 12 month suspension with a .10 reading. It is very likely that the Alcotest can be argued to a lower tier if you are right on the .10 threshold due to tolerances in the test. If there is a deficiency in the test, it may be possible to get the charge dismissed entirely given the issues you have described on the field tests. I wrote a book on defending DWI cases. You are welcome to download it from my website. It may answer many questions that might have.

There is a better chance of success with an attorney in this very serious matter.

You are not per se guilty You have the right to refuse field test but there will be a negative inference made by the Judge Hire an experienced DUI attorney

You were smart to reach out for help! Nothing will happen if you beat the charges! Are you able to take a photograph of the cracked sidewalk where you performed the Field Sobriety Tests? I would file a motion to suppress the results of the Field Sobriety Tests. I recommend that you retain an attorney that has successfully beat DWI charges before. Although it cannot guarantee you the same result, because the facts of each case are different, it will give you confidence that the attorney knows what he or she is doing, and that you are working for the best outcome possible.