The intent is certainly to separate the two suspicions. This is of course in the context of an investigation for impaired driving. I have some difficulty contemplating a situation in which there has been no strange driving or anything. The police show up at your doorstep two and a half hours later, smell alcohol, and ask you to do an approved screening device, and then they'll try to get you into a car.
In the real world, there will be an accident. There will have been some form of driving that has drawn the attention of the police, and then they will find reason to suspect alcohol or drugs in the body. That's what we're trying to do. We're trying to make sure those two suspicions are there.
You are correct. In the strict reading of the new provision, I guess, the scenario that you have put out is a theoretical possibility.