At the Canada Safety Council we're really about prevention. This is a bit more after the fact. Certainly we'd like to see people just not drink, and under the highway codes there are certainly penalties that are there right away. You don't have to prove it. If the vehicle is in the ditch, then obviously there'll be a charge of sorts. If the person is under any level of impairment, above 0.05, there will be a charge. And it's automatically guilty, whereas with the Criminal Code there's a presumption of innocence.
We even question, at the 0.05 level, if within three hours there is going to be enough left for the instrument to even measure it in an average man.