And it ought to be under a violation of the 4th amendment protection against warrantless search and seizure and the 5th Amendment against being forced to provide witness against yourself.
Right. Driving is legally considered a privilege. If you agree to take a BAC when under arrest and asked to do so, you violate the terms of the licensing privilege. Your license should be suspended.
But you don’t waive your Fifth Amendment right when you sign up for a driver’s license. You don’t agree to be a witness against yourself. If you choose to allow your license to be suspended by refusing a BAC test, then the DA should have to make his case against you some other way.
This is tyranny.