I have mixed feeling about the entire situation as i was once in a similar circumstance. I once got a reckless driving citation for doing a burnout in my driveway. I never left my driveway, have no neighbors within a half a mile and my driveway is a good 1/8 th mile long. Highway patrol was driving by, saw me in mid burnout, pulled in with blue lights going and gave me the ticket. I was even going towards the house, not the road. The citation got tossed in court, but it still cost me the lawyers fees to deal with it.
That being said, i would never get behind the wheel of a vehicle with a drink in my hand, regardless of where i am or where i'm going. That move wasn't smart.
I am not condoning drinking & driving but....... If he could have only waited another 48 hours, he'd be on racetrack property with many other fans in the same situation. Heck, most of you have probably attended a race and have been in the infield or out in the parking lot. You may not be but I'd have to venture to guess that a majority of the people are drinking. When people are leaving these events, for the most part the police look the other way when it comes to alcohol.
I think that most people are under the impression that if you take the test immediately after drinking, even only one, that you are more likely to fail because it can be smelled on your breath. I don't know if that is true, but that would be my guess for that line of thinking. Also, if they don't have a failed test of any kind, it's simply the officers word against his.
the problem is pretty much every state has a law that staes something to the affect if you refuse the breathalizer you consent to a blood test for alcolhol which is WAY more accurate. It's a provision of getting your drivers liscense usually.
Or any race for that matter. They can't set up check points anywhere near the track and still keep track moving away from an event. I think that they just send them on their way and hope that some of their local boys can catch them.
Its ALL big events, other than church related I guess. College football would be second to a nascar race I would think. The only saving grace is that there are more staying over after the races these days than trying to drive home drunk. At least it seems so at Dega.
The whole situation is disturbing at best. Its no different at small dirt tracks across the country, most of the drivers I know refrain from drinking until they know thier done for the night, but then its Katy bar the door!