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@Wannabe
"Unfit". The tests involve heel-to-toe walking, with a 180 turn, which is heel-to-heel, a finger-nose test, and a Romburg test (counting with your eyes closed). Also a standing on one leg and counting test, and probably some others, I forget. These are all evidence of impairment, and it's the police officer who administered the test who gives evidence. They arrest you and take you to the police station and an FME does another test, and then turns up as an expert witness. Being nicked for drink-cycling takes some doing though. Most officers would go for the "walk it home sonny, I don't want to scrape your brains off the road" style speech.
The Crown also have to prove that you were unfit DUE TO drink or drugs. They say which it is in the charge sheet. If you can convince the bench that you were stoned, not pissed, then you're acquitted of the riding whilst unfit through drink offence. Possible last minute application to amend the charge sheet / lay a second charge to be made by the prosecutor, assuming they're awake (I rarely was).
Anyone been arrested / charged / convicted /ticketed for drink cycling?