Is refusing a breathalyzer or blood test a violation of my Constitutional rights?
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 […]