The way you explained it is not the way I would have understood that. It's a conclusive presumption. My understanding is that there would be a conclusive presumption at that point. The blood alcohol level would be what it was whenever they tested if it exceeded 0.2, and not based on toxicology. Again, that's how I read it.
Could I perhaps ask the department—maybe I'm misreading—what the effect would be of removing that.