Thank you.
I'm not finding that we're hitting the nail on the head here in describing why we need this amendment. As I read the original provision, before it's amended here, it simply says that the person is suspected of driving while they had drugs or alcohol within the previous three hours. The amendment separates the two. First of all, at the time of the arrest or the encounter, the person had drugs or alcohol in the blood, and then within the previous three hours they drove, not necessarily having drugs or alcohol in the blood. You might have driven two and a half hours ago, and you might have taken the drug or the alcohol an hour ago, but the person would still be liable to at least the testing procedure here. This is a testing procedure; this is not an offence section.
Correct me if I'm wrong, but we have a scenario where a citizen legally drinks or legally consumes a drug, or even illegally consumes a drug. Sorry, let me reverse it. A person legally drives unimpaired and then consumes alcohol or a drug. They are, by virtue of this amendment now, subject to the testing procedure even though in terms of their driving they really haven't done anything wrong. Is that the intent here?