Maybe I'll take over that question from a constitutional perspective.
Ultimately, one of the key features of the balancing act is a penalty that involves jail. So yes, if you structure a penalty system that removes the possibility of jail and reduces it to a fine or suspension, you are going to alter the constitutional playing field for the balancing.
Just from a basic constitutional premise, though, randomly detaining citizens is generally a violation of rights. Then you're going to switch to your section 1 analysis and figure out whether the path you choose on that—