There is continuing controversy over constitutional infringement regarding breath tests without a warrant. The United States Supreme Court finds that being submitted to a blood test for alcohol abuse is unconstitutional while breath-tests without probable cause remain legal.
The Florida State Supreme Court is preparing to hear arguments about the state law which allows citizens to be prosecuted if they refuse a breathalyzer. Currently, Florida law allows police officers to arrest suspected drunk drivers if they refuse to take a breath test.
Earlier this month, the Supreme Court considered the fourth amendment implications of the administration of breathalyzer tests for suspected drunk drivers. While it is true that in all 50 states there are laws which allow a person's driver's license to be revoked if they refuse a breathalyzer, some states, along with the federal government, have additional laws. These laws include criminal punishment and even jail terms for a person who refuses to take a breathalyzer test.