From the comments - 'When I first heard of this I was surprised the police arrested him. They only did because he was in an accident. They had no choice. But they had a choice to wait 4 hours to collect evidence. So I did a little research on this delay. This is from Sonoma country…the next county over from Napa…according to a DUI Lawyer 3 hours is the magic number. “ Therefore the law provides the government with a legal fiction (a "presumption") that as long as the breath, blood or urine test samples are obtained within three hours of driving, the law will presume that the results obtained subsequent to the DUI arrest relate back to (were the same as) your alcohol level at the time of driving (Vehicle Code Section 23152(b)). If the test sample was not obtained within 3 hours, then the government cannot rely on this presumption and you may very well have a winning case in Sonoma County Superior Court and at the Santa Rosa DMV.” Essentially the cops set him free, plus the average Sheriff in Napa County makes $220 000 per year with benefits - no way they wanna lose that sweet gig for whistleblowing on a political class scum bag. Fck them too .