This level of how drunk you are argument is addressed in the way WI OMVI 's are processed. An officer stops you for a traffic offensive and then suspects impairment. Field sobriety tests are run, and if enough indicators are present, you are arrested for OMVI. It doesn't matter if you are 90 pounds or 300 pounds. If you are impaired, you are arrested. If no impairment is shown, you obviously aren't. The officer may PBT you to see what your level is, but the PBT results are NOT admisible in court and can not be used as a basis for arrest. Only the results of the test (HGN, walk and turn, one legged stand) can be used. Also, if you are arrested, I suggest submitting to a chemical test to determine alcohol level (breath or blood). If you do, and are over the limit, your license is only suspended. Driving on a suspended license is only a ticket. Not submitting to a test automatically revokes your license, which if caught driving, is a criminal offense. Plus, blood results generally come back higher than breath. And, if you think you are not drunk, take the test. If it comes back low, it gives your attorney something to work with. Otherwise, the only thing the attorney has is a video of you doing field sobriety tests and looking wasted. Also, cooperation goes a long ways...