Punishing people without due process is a violation of one's Charter rights under Section 11(d). I can't see this standing up to a serious legal challenge.
That being said, I'm very against drinking and driving. If 0.05 BAC is the standard that the government wants to enforce, change the appropriate section of the criminal code to reflect that. It is not the police's job to determine one's innocence or guilt, and this is what is happening.
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