I don't know what the laws are.
But, I think that, first of all, you cannot figure out whether someone is drunk or not just by listening to his speech. Can you tell someone is drunk when he is talking? He could be mentally retarded, or maybe he has some speech defect.
Anyway, the only way to prove someone is drunk is to do that breathalizer test, or other tests that can reasonably determine he/she is drunk.
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