Well, several things here. First, he admitted to drinking a whole bottle of sake. And, the reason he was stopped was because he was doing 45 in a 40 mile zone.
And, while his lawyer might be able to get him off on a technicality (being below .08 percent), the police should have administered a third test, because his BAC went up between the two administered.
Conspiracy theorist Alex Jones charged with DWI near Austin, authorities say
While en route to the residence, a deputy saw a dark Dodge leaving the neighborhood. The vehicle was traveling 45 mph in a 40 mph zone.
The deputy pulled the vehicle over and interviewed Jones, who had a strong odor of alcohol, the affidavit says.
Jones told the deputy he and his wife had gotten into an argument while eating sushi at Izumi Sushi around 8 p.m., the affidavit says. He said he drank a bottle of sake during dinner, according to the court documents.
The deputy conducted sobriety tests on Jones. His eyes were described in the affidavit as being watery and glassy with constricted pupils. His demeanor was described as excited, talkative, carefree and cooperative, according to the court documents.
Jones had a blood alcohol level of 0.076 at 11:55 p.m. and a level of 0.079 at 11:59 p.m. The legal blood alcohol limit while driving in Texas is 0.08.
Jones has hired attorney David Minton to represent him. Minton, of the firm Minton, Burton, Bassett & Collins, also represented Jones in divorce proceedings.
I always thought that even if it was below the .08 level if he showed impairment that was enough for a good to go to jail.
It did not say he failed a field sobriety test. The guy has allergies for all we know. Does not matter what the reading was at 11:59 or if it would have gone up more and 12:05. By those times he was not driving. Should have cut loose with a ticket if necessary for the 5 mph over, as if most of us are not 5 mph over much of the time, and told him his current BAC, and told him to go straight home, without causing himself to be pulled over on the way.
It said in the link that when he was pulled over, the cop notice a strong smell of alcohol and conducted field sobriety tests. Now, I can tell you that in my younger days, I had been pulled over a time or two. And, because they could smell alcohol on my breath, they did a field sobriety test. When I passed the field tests, they gave me back my license and told me to be careful on my way home.
The only time they administer a sobriety test for BAC is if you fail a field one. And, if it had been allergies, it wouldn't have registered on the BAC test. While there are people who convert carbohydrates to alcohol, those people are rare.