You do not have to fail a chemical analysis (breath/blood/urine) in order to be convicted of impaired driving. For example, blowing .08 yields the legal presumption that you are impaired without requiring further proof, but that doesn't mean you can't be convicted if you blow .07 or even .04 for that matter if you fail the FSE's badly, have glassy eyes, slurred speech, etc. Refusing a chemical test definitely gives rise to a license suspension in any state I know of. And he could still be convicted if the police officer has enough other objective evidence to get a conviction. Chemical testing is not the end-all be-all of DUI.