Depends largely on state though, but armed with this reporting you can probably sue if you face consequences of refusing (implied Consent doesn’t ring as valid if the test is not valid). Not a lawyer though...
And sure, you could sue, but if your defense rests on invalidating implied consent laws, I sincerely hope you have the time and money to fight all the way to the state supreme court.
Additionally, if you do consent to a breathalyzer test and it shows traces of alcohol, a blood sample is taken to determine the exact BAC (And, presumably, also to be used as evidence.)
Are you saying they can forcibly take blood without your consent?
In the UK it's my understanding that you can refuse all testing but if you do that you will be charged with a separate offence which has similar penalties to the drink driving offence you're trying to wriggle out of.
Further, from what I've been able to gather refusing a breathalyzer test does not lead to another charge; refusing the blood test will.
Presumably a positive on a breath test is considered probable cause for a more invasive search.
However an officer can't just demand you take the breathalyzer without probable cause. (DUI checkpoints are an exception to the requirement for probable cause.)
The law was passed in 2008, and I sat on a case as a juror that went over this very detail.