He might have gotten off even if he was drunk.

A friend of mine was hit by a drunk driver. As they were waiting for the police to arrive, the guy went in a nearby liquor store, bought a fifth of booze and started chugging it down in front of a lot of witnesses. When the cops arrived, he told them to go ahead and do a breathalyzer. He said it would only prove that he had been drinking after the accident! The cops arrested him anyway, but he did beat the drunk driving charge in court. It turned out that he was an attorney who specialized in drink driving cases. I encouraged my friend to go after his license to practice law, but he didn't want to mess with it.