[jyl]

I have not researched this, so just off the cuff - I'm not sure why the 5th Amendment should protect you from being required to take a breathalyzer test, or from penalties (license suspension) for refusing to take the test.

The breathalyzer collects physical evidence, which is different from compelled testimony by the accused. The 5th Amendment has been held to not protect a criminal suspect against having his fingerprints taken, or a DNA swab collected. A breathalyzer test is analogous to those tests.

I'm not, off the top of my head, aware of a high court holding that the breathalyzer test violates the 5th Amendment.