I suspect the blood test will be below 0.04...

He is a large male with a large lung capacity, more importantly a higher than average lung tissue surface area. Therefore the concentration of alcohol in breath may be artificially higher. The handheld alcotests is notoriously inaccurate.

The blood test probably occurred hours after the initial breath test due to getting a search warrent, allowing for the ethanol to metabolize. The average person is able to metabolize 0.02% BAC/hr.

My guess is with a favorable blood test a decent lawyer will get the court case dismissed..

Dealing with the company is a different story.