They can arrest you I guess, but easy to get it dismissed. Smell of alcohol could be from hand sanitizer, glassy or watery eyes cause you’re tired from lack of sleep etc. Without that breathalyzer and sobriety test it’s very difficult. There’s a case we’re a guy was actually intoxicated but the case was dismissed cause the driver went over the divider only a single time lol. I mean yeah I guess if you’re wasted slurring etc or have open booze with you etc. But yes you can lose your license for a year if you are convicted and if you refuse to cooperate.
Also it’s nearly impossible to get an alcohol or marijuana dui dropped to a reckless since the laws are clearly written. For pills tho, it’s much easier since it’s not actually illegal to take a prescribed medication and drive, like Xanax, only a caution. Something like that happened to a cousin, dui initially that was dropped to reckless cause he had therapeutic levels. Had he taken it to trial be’s most likely have beaten it, or had he known back then he coulda told the cop “nah I’m not getting out. Am I under arrest or may I go? If so please refer any questions to my attorney, thanks.” He’d either walked away or gotten the case dismissed quite easily but he didn’t know..