This amendment requires suspicion; it is based on what is already in the law for alcohol. The two changes that are being made in it are extending to three hours and, of course, adding the physical sobriety tests that are necessary for the DRE program. As it is currently written, the police officer would have to have that suspicion that the two things were occurring simultaneously. As proposed in this amendment, the police officer would need to have the suspicion of the driving within the last three hours and suspicion of alcohol in the blood.
I will admit that in the rather strange circumstance of a police officer arriving at your house at 5:30 and asking you if you'd driven, and you saying “Yes, I drove home”, and you've got a glass of wine in your hand that you'd been sipping at, he presumably, under the strictest wording, could do this, but I have difficulty figuring out why.