In the US, it seems there are three ways it is handled.
Rich social drinkers who are stopped for having an expired sticker are asked to take a mobile breathalizer test which they refuse, and are jailed for the night, but post bond, hire an attorney and are found not guilty or the case is dropped.
Poor social drinkers who are stopped for changing lanes without a blinker are asked to take a mobile breathalizer test which they agree to, fail and are arrested, spend a day or so in jail, can't afford an attorney and are given a fine and six months probation.
Real drunks who drive are normally given three opportunities to kill someone (in an accident and are drunk but no one is killed), on the fourth opportunity they really kill someone and are sent to twenty years in jail, but are out in two and driving drunk with no licence.
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