That's just the straw man the article is using to claim that it isn't a kill switch. They want the claim to be false so they adopt a version of the claim with a flaw in order to knock it down.
The obvious problem being that the actual implementation is at least as bad. Now you have the law mandating that the car activate the kill switch by itself, with no human in the loop you can even try to reason with.
What happens when you're driving erratically because you're on some dangerous ice road and trigger a false positive that strands you in the wilderness? What happens when you're actually impaired and then turn around to discover a wildfire approaching your location, in which case "don't die in a fire" should override "don't drive impaired" and you should immediately evacuate, but your car won't let you?
It's an ill-conceived and dangerous law and its critics are in the right. The operator should always be able to override the computer.