If I may, Mr. Hanger, obviously the first improvement in this is that we have the three hours instead of having the current law, that it's the person while operating. Under what we now propose, the police officer would have, in my view, a clear reason to believe that the person has alcohol in their body. The officer would also presumably have, on the basis of witnesses, the evidence of the three hours before.
Under what we propose, that would be sufficient for the approved screening device, which may or may not lead eventually to a charge of impaired driving causing death, depending on what comes out of the evidence in trial, as you know, with regard to the staggering out of the car. It would be dubious, under the wording we have in the bill now, that the police officer would be able to say he had reasonable grounds to believe the person had alcohol while they were driving. Unless there was some witness who had smelled the alcohol there at the scene, I don't see how they could do it.
Now, in the scenario you've given, it would be recognized that it would be very difficult to establish impaired driving causing death under any circumstances, just because of the time and the intervening drinking.