He could compel the individual to take the test. However, before requiring him to take the breathalyzer test, he must have reasonable grounds to believe that the individual has committed an offence during the past three hours. He is facing an individual who has obviously been consuming alcohol. He might suspect that the individual is doing this to hide the fact that he had already been drinking.
In any case, if the police officer already has a witness who says that he saw the individual in an obvious state of drunkenness, the police officer could require the individual to undergo a breathalyzer test. This is in our draft. The problem is that if, two and a half hours later, the individual is no longer drunk at the wheel, it is difficult to charge him with a criminal offence.