That’s why it is called implied consent. The act of driving is enough to imply consent. Most if not all states have implied consent laws. Some go further than others. It has been upheld by courts for years. If you don’t like it then the revolution is down the hall to the left. As others have said it does not violate your rights under the fourth amendment, just your driving privledges.
The situation in the OP could not happen in NJ. The implied consent law states that you must submit to samples of your breath. That only happens after an arrest. We don’t have field breathalyzer units. Any breath samples are done after arrest in the police station. The smell of alcohol would only be one piece to be used as probable cause for an arrest. There would be how you were driving, sobriety tests, HGN and the fact that you pissed and shit yourself.