No, not necessarily. Perhaps we are establishing that I drank five glasses of alcohol in the 15 minutes preceding my departure from the bar. I was told that I had to immediately return to Parliament on vote on something when I had three beers in front of me, and I decided to drink them. Then, I got behind the wheel of my car and I got stopped five minutes later, while my system was absorbing the alcohol. At the time of my arrest, the test result was below 0.08, but when the test was redone 15 minutes later, it was 0.11 because my system was absorbing the alcohol. This defence, which exists now, would still be allowed. In English, it is called the last drink defence. I suppose that, in French, it would be “la défense de la dernière bière”.
However, the judge would not be allowed to say that you said you had drunk five glasses, but the toxicologist said that you were at 0.07. So, there is reasonable doubt, despite the fact that a device such as the breathalyzer proved it, that it was working well and that it indicated 0.16. That is the problem we are targeting.