Getting Your License Back After a DUI

While driving to wherever you notice a few police cars in front of you. Suddenly, one officer gets behind you. Your new vehicle doesn’t have any tags on it yet.  Now the police car lights come on and you have to pull over.  He asks for your license and to”step out of the vehicle”.  He pats you down, took you to his car, and asked to search your car.  Then he asks if you had anything to drink. You say no. They search your car and find an empty cup they think you were drinking from. They did not ask you to perform any sobriety tests, but did ask you to take a breathalyzer test. You refuse. Now you’re charged with DUI for not taking the test. Is this a DUI case you can win?