He already had a prior conviction on his driving record
Occurred to me they were trying to be lenient on him: was nearly a half hour delay until they did the breathalyzer test, giving time for his body to flush enough alcohol out of his system to pass (takes about 2 hours from drink to practically 0.0).
That bonus on top of the time from last drink, past drive to restaurant, thru passing out, then to employee noticing & calling 911, and on to the cops actually showing up.
Guy had at least an hour for his liver to do its job before the test.
He STILL blew >0.1 !