A few things I don't want to get lost in the mix
1) If they want to lower the BAC to 0.05 I don't have a problem with it. There is debate here that says it won't make a difference. But no one is actually saying "Drinking and driving is absolutely fantastic!" The opponents attaching the 0.05 BAC is too low is actually saying "we should be putting those resources to the chronic repeat offenders and those driving way above the limit that are a far greater danger" as resources are limited.
2) In the scenario I presented two things have been brought up to state how it couldn't happen. First of all, a driver that doesn't smell of alcohol wouldn't be asked to provide a breath sample. However, in the same scenario the car is full of drunk people and thus the car smells of alcohol, thus providing it reasonable to ask the driver to prove he's sober. Secondly, there's an assumption that the driver can demand a second breathalyser if he/she believes the current one if faulty. If that request is denied (it's a check-stop they're busy and the officer could believe you're wasting their time) you have no recourse what so ever.
3) I'm not arguing the law is stupid and shouldn't pass. I personally am arguing put in an amendment for due process.
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