Of course, neither of these threads originally covered situations in which the US Constitution is an issue.

Your last set of points are interesting, Slag. If I understand what you are suggesting, a police office should go to court and testify before a judge regarding his observations, at which time the judge can order a more invasive test. Of course, by then it is days or weeks later and the alleged drunk driver's degree of blood-alcohol content is rather irrelevant to the original offense.