From the article: "Further analysis, which might require a warrant, could be necessary to determine whether such usage was via hands-free dashboard technology and to confirm the original finding."
As the other commenter noted, "to drunk to drive" has way more room for interpretation than "sent a text before an accident", yet the law seems to have arrived at a reasonable compromise.
Note that sending a text message via voice and is still distracted driving, and some studies show that it's just about as dangerous. It's currently legal, but some jurisdictions are contemplating banning that too.
As the other commenter noted, "to drunk to drive" has way more room for interpretation than "sent a text before an accident", yet the law seems to have arrived at a reasonable compromise.
Note that sending a text message via voice and is still distracted driving, and some studies show that it's just about as dangerous. It's currently legal, but some jurisdictions are contemplating banning that too.