Under the Fourth Amendment, police officers must have a certain level of justification before they can lawfully make a traffic stop or arrest you. In the context of drunk driving, the law requires that officers demonstrate reasonable suspicion for a traffic stop and probable cause for an arrest.

So technically, yes, the 4th amendment can be used as an excuse to not take the tests, and i encourage everyone to know their rights and to use them when possible.

They can and will still arrest you and once they do they can force you to take a blood test but that is going to take hours and you should sober up quite a bit by then unless you are very drunk.