If there is a legal standard, which this seems to impose, then it needs to be sufficiently precise that it is understood. “Impaired to any degree” suggests that there is a legal standard that can be satisfied, although it is barely detectable, so it is impairment to a barely perceptible degree. That will give rise to questions, both with respect to proof, so an evidentiary question.... If a person says that he or she was satisfied there was impairment to a degree that was barely perceptible, what is the evidence that is needed to satisfy that? I understand that the language might have been designed as its purpose to capture more, but in capturing more, it creates an uncertainty. I'm not sure why the drafters would not just use the term “impaired”.
On September 18th, 2017. See this statement in context.