On Thu, 14 Feb 2008 08:55:37 -0500, Ron Natalie wrote:

The way it works in nearly every state is that alco tests are consented
to as a condition of license issuance.

I could argue that loosing your privilege to drive constitutes a penalty.
Refusing to incriminate yourself by declining an alcohol test results in
the application of this penalty. Therefore, you are being penalized for
exercising your 5th amendment right of non incrimination.

It sounds non constitutional to me.

--
Dallas