I refused to take a Breathalyzer test after being arrested , but I did submit to the field test . The arresting officer checked the first two spaces on the DA - 1205 form , indicating that I had tested positive above 0 . 08 . Considering that the form clearly states " MARK ONE ONLY " and on his sworn report , he is indicating that I tested above 0 . 08 , which cannot be proven because I refused to take a Breathalyzer , will this help me ? ? He also did not sign the temporary license section at the bottom of the page , even though my license / privilege was not suspended , canceled , or revoked at the time of my arrest . This has left me with nothing .