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In the case of driving while having alcohol in your system, it IS an offence (just not a criminal code offence). You seem to think it's not.
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Driving with alcohol in your system is only an offence if your BAC exceeds .08. Blowing .05 IS NOT an offence, even if this new law is enacted. Why, then, should the police be empowered to suspend your license and impound your vehicle when you haven't broken any law?