My parenting agreement says that if my xAH fails OR refuses a test, he doesn't have parenting time that visit day...
That was an important "loophole" for me (which my own lawyer at the time didn't even catch) to demand be included bc clearly if he refuses to take a test or produce results, it's bc he's not sober.
I would not give him any wiggle room. Make it so that he has to produce results promptly after they are taken or parenting doesn't occur. Period.
I did the "Ill give you the chance" thing and got burned each time...
His skipping the breathalyzer is as good as failing one...