I went to law school with Brandon and we were prosecutors together for a year or two. He’s a good guy. I have no idea if he was intoxicated and don’t really care. He has insurance; the other driver will be fine.
What he did right is refuse the field sobriety tests, portable breath test, and the intoxilyzer. In Travis County (and most places in general) if you smell of alcohol you’re going to jail. I’ve watched a ton of videos where the officer tells a person, “you have to prove to me you’re not intoxicated.” So much for innocent until proven guilty.
If you’ve been drinking your best bet is to refuse all the tests. I know, they got a search warrant for his blood. They were probably going to do that regardless of whether he refused the tests due to his job and the accident. There are a lot of ways to attack a blood test. If the blood test comes back and indicates a high level of alcohol, at least by refusing the tests you’ve given your attorney a fighting chance. If your blood comes back above the legal limit and your performance on the field sobriety tests supports that, you’re up a creek.
So, if you find yourself in the same jam as a prosecutor, do what he–and I– would do, refuse the tests. Oh, and be polite about it would ya…