The accused was charged with care or control of a motor vehicle with a blood alcohol level exceeding 80 milligrams per 100 millilitres of blood.
Police observed the accused in the driver's seat of a truck in a motel parking lot known for drug activity.
Following an initial investigative detention for suspected drug offence, officers discovered the accused had consumed alcohol and administered an approved screening device test, which the accused failed.
The accused was arrested and subsequently provided breath samples at the police station showing readings of 160 and 170 milligrams per 100 millilitres of blood.
The defence challenged the lawfulness of the detention, the administration of the breath tests, and argued the accused had rebutted the presumption of care or control.
The court found the detention lawful, the breath tests administered as soon as practicable, and the presumption of care or control was not rebutted.
The accused was convicted.
