With reference to your amendment as it presently stands, let me give you the following example. At 9:00 p.m., the police are advised of a hit-and-run offence involving two vehicles. The accused is suspected in this case. The police find the accused's vehicle parked near a hotel bar. The accused already has one or two glasses of cognac or some other liquor in front of him. He is obviously drunk and he is drinking.
The police officer is suspicious. He actually believes that the vehicle is the one he is looking for. This has to do with the first criterion. Regarding the second criterion, the police officer thinks that it is the accused. In fact, he finds him drinking in the bar. According to your amendment, could he submit this individual to a breathalyzer test? Have I missed something?