Legal Question in Criminal Law in California

Certainly DMV will have issues with a refusal to test. And yes, you could be convicted. Whether or not that is likely depends on many factors, for example your lawyer's ability to counter the officer's testimony about your driving behavior and your field sobriety test; the testimony of other witnesses such as that of the bouncer at the bar; your prior criminal and DUI history if any; and a million other things. You haven't given me a lot of information to go on here. In my coonsidered opinion, it is almost always worth it to fight the charges because 1) you could get lucky, and 2) the consequences of any criminal conviction could keep you unemployed for a long time. Please call me if you are serious about fighting the charges.

Of course. All it would take is credible officer testimony re his FST observations, versus your 'nuh-uh'. Refusal also automatically causes loss of your drivers license. You'd be well advised to hire an attorney. If you have any defenses, witnesses, evidence, your attorney will use it as best as possible. If serious about doing so, feel free to contact me.