So did he have alcohol on his breath?
I'm sure you can search and find my thread. I have no idea. However, the handling of the case by the LE, was attrocious and even if he did have >0.08 I don't have any problem that we didn't convict.
Anytime an off duty cop (going to work with no uniform) chases somebody down the highway at BLISTERING SPEEDS of 75 in a 60 (this is 183 in Dallas in the 90s mind you...where anything < 80 in the left lane would likey have gotten you shot), chasing him down in a restaurant parking lot, driving behind him like a road rage person, following dude out of parking lot (his girlfriend had apparently left) towards his home, opening up his (suspected DUI) door at the stop light without ANY badge being show all whilst a female cop was at that same stop light was a bit much to swallow. Especially after the claim of approaching Earth escape velocity of 35 mph in a neighborhood (I lived in that neighborhood previously and the speed limit was 40!!) was why he opened the door - guy was a maniac.
Meanwhile, the female cop (on duty) doesnt bother witnessing test, filling the paperwork out or anything...all left to do by off duty cop who was going to work. Not to mention doing the test on an incline (per where they claimed they made the stop)!!! I mean, I guess we should have sentenced him to life in prision for counting to 30 seconds in like 27 or 28.
I called bullshit on it then and I still do 24 years later!!!!!!!! Then the video of him in the station. No swaying (they had lights to either side showing his shadow to enhance swaying), no slurred speach, no confusion as to what was going on, stuck to his guns about lawyer, refused to answer anything or do anything without attorney present.
Do I think the guy had more than the 2 beers he claimed...hell yes. Driving over the legal limit...possibly, but not by much. Even said so when I spoke to the defendant with his attorneys in after trial interview and told him he's damn lucky that I personally take burden of proof very seriously. But if it was an all day golf event, he sweat most of it out even with 4-5 beers. If that's the standard people want their LE to operate on, then bring in the police state. Burden of proof is on the accuser, not the accused.
Had the prosecution not brought the two cops to the stand, I'd have convicted him in a heartbeat; but hearing their testimony was seriously something out of fiction.