The one thing that keeps coming to my mind is that here in the USA, you are innocent until proven guilty. Or at least thats how its supposed to work.

Also in regards to refusal, the person trying to administer the test must have appropriate authority to do so. Just because you pee in a cup for me doesnt constitute a refusal, after all im just some perv on a a forum. So whomever asked must have appropriate creds. Maybe, maybe not.

I tend to think that if his blood test comes back lower than .04, than career wise he is in a salvageable situation. It is my understanding that a blood test is controlling.

Then there is of course evidence issues. If proof can arise that either the breath was not aquired legally or correctly, than a DA would likely toss it out.

Lastly info from some broke local news may have inaccuracies, so collectivly it might be unfair to crucify the guy before all the real facts come out. More than anything it should be a reminder to be safe and responsible while at work or home.