It'll be interesting tonight if he is working traffic tonight and gets any DUI's. Seems like it might be a good legal argument if he pulls you over.
He couldn't, by refusing to take a breath test, he lost his license for a year. I'm sure his lawyer is working on that but that's the law.
http://www.nwfdailynews.com/news/coraine_13546___article.html/pinkerton_dui.html