I agree, but wait till a lawyer advises and a court order is issued specific to law enforcement officer in accordance with and specific to the CFR and our local statutes.

Breath is always required since you are freely breathing and most states have established breath testing as non invasive evidence collection. At least where I am a blood test must be court ordered. A blood test can be denied based on religious or medical reasons and it does not result in a refusal and therefore a judge must order the collection of evidence. Unless of course you submit the sample freely. Every state is different and therefore you have the right to consult a lawyer when you are under arrest as provided by the supreme court miranda ruling.

Ofcourse there are your companies drug and alcohol testing policy, but consult with your union contact prior. There is nothing wrong with being informed prior to continuing with the evidence collection process.

In those situations, state and criminal misdemeanor and felony charges should be your focus, company, second.