not constitutional...maybe so....It is apparently constitutional to cite drivers for speeding.....same thing really....we are frankly unconcerned with the safety of the driver, only the safety of the public.
Driving is a privilege not enumerated in the Bill of Rights or the Constitution and there are rules to driving. For example, I can't run you over because I want to. Breathing free air is part of being FREE. Breathing does not pose a hazard to anyone.