Well, so far to date, yes, the balance has been struck. We say it's been struck because you need reasonable and probable grounds to arrest and because you need reasonable suspicion. You need some basis for asking for a breath sample, right?
But leaving aside the detention issue, there is the search issue as well, because ultimately it is a search and seizure to take a sample of someone's breath. Now, it may not be one that most people are accustomed to or like, but from a constitutional perspective, it is.
We know from Hunter and Southam and the various cases that have come following that generally speaking we look to some standard, be it prior judicial authorization, which might be the highest or articulable cause, which might be the lowest or reasonable suspicion at this stage. But having absolutely no standard would render the legislation, in my opinion, constitutionally in peril.