I have spoken with legal council. I choose not to take the breath test because I was drinking a beer on my own property, out of the vehicle. Police showed up minutes after I had gotten home and was walking around my property. I told the officer .
that I would not take the breath test because I had just swallowed beer.
How does this affect the refusal rules at the registry ?
If you already hired counsel you should speak with them and probably should not post details about your case online. One thing your lawyer might look at that could effect the RMV is whether the police had reasonable grounds to arrest you for OUI and request that you take the breath test in the first place. But, again, talk with your attorney about it.