The officer stated what the Police will do not what they are allowed to do.
Now if you get in a car accident and were sober then go to the bar and have a few drinks and the police end up investigating because the person you got in the collision with is changing their story to try to get out of being at fault. The Police could brethylize you at the bar and if you blow over despite not being impaired at the time of the collision would be guilty.
So while the police need a reason to demand a breath sample in the scenario they admit the reason for the law in article.
They are trying to get around a defense used by people who are charged
With a DUI. So the law has changed so that when they are unable to prove a person was operating a vehicle while intoxicated they have a different offence they can charge them with.
This is analogous to the Care and Control of vehicle laws which have been used to convict people who state they were just sleeping in their cars until sober.
So while this law is designed to convict more drunk drivers eventually it will be used to convict a person who wasn’t.
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