Odds are he will still be charged with DWI. Happens all the time.
What do you mean by that? People pass the breathalyzer test but are still charged with DWI?
Yes. Even the blood test.
DWI....it's not just about booze anymore. I'll post a link from NM MVD shortly, if I get a chance, but it's the same in all the States now.
DWI means whatever the LEO on the side of the road wants it to mean.
Yes, I was charged with DUI when I had an epileptic seizure once. That was the first one I ever had. Was *very* lucky to not have it on my record. The second wreck they took me to the hospital and I got diagnosed.
When I was at court, I heard a lawyer in front of me talking about trying to charge someone with DUI over taking too much Ibuprofin.