Gov. Bobby Jindal has come close to apparently violating the U.S. Constitution.In a March 2 news release, the governor worked with the DWI-Vehicular Homicide Task Force to outline three legislative initiatives with the intent of strengthening Louisiana’s drunk driving laws.We support two of these proposals, with strengthened penalties when driving on a suspended license if said suspension stems from a DWI arrest, as well as streamlining administrative hearings for driver’s license suspensions for those arrested for drunk driving.But the third proposition, strengthening penalties for refusing a breathalyzer test, is met with cautious pessimism.The data on the involvement of alcohol in fatal car accidents is not up for debate. Nearly half of said accidents in Louisiana were alcohol related in 2007,                  according to the release. On the national level, 37 percent of all fatal crashes were alcohol related.We are not doubting the ridiculousness of drinking and driving. But under the proposed initiative, the penalty for refusing a breathalyzer test would be equal to the penalty for a failed test.This comes dangerously close to a violation of the Fourth Amendment, which prohibits any unreasonable search or seizure without probable cause. If you’ve ever driven in Louisiana, you’ll encounter many people who drive in a way that could amount to probable cause for DWI without them drinking. If they are pulled over and refuse a breathalyzer, even if they’re sober, it’s the same as blowing anything over .08.In the release, Colonel John Leblanc, DWI-Vehicular Homicide Task Force member and Executive Director of the Louisiana Highway Safety Commission, “Voluntary compliance is the ultimate goal, but these proposals are innovative and will strengthen our tactics for getting drunks drivers off the road.” Jindal should re-read the Constitution, at least between now and the time someone challenges this initiative in court.- – – -Contact the Editorial Board at [email protected]