According to a recent Texas appeals court ruling, forcing a driver to submit to a warrantless blood test or breathalyzer is a violation of the individual’s Fourth Amendment right against unlawful search and seizure and is prohibited by law. Unfortunately, when an individual joins the military they voluntarily choose to give up certain Constitutional rights and this would be an example. Per regulation, a service member may not refuse either a blood test or a breathalyzer and may be court-martialed for “impaired” driving, even if their BAC was within lawful limits. This article of the UCMJ, Article 111, has undergone changes over the years and now seeks to encompass both reckless driving and drunken driving. Under vehicle operation regulations, a service member may receive a mandatory general officer letter of reprimand for DUI or simply for refusing to provide a breath or blood sample. A letter of reprimand in today’s competitive military climate is the kiss of death for a career and is usually followed by an administrative separation board. From the military’s perspective, exemplary behavior is expected from members at all times and state taxpayers should not bear the burden for military misconduct. That said, law enforcement officials, breathalyzers and blood tests are not always fair or accurate and there are always two sides to every story.