I'm just curious as to why none of the bar employees are mentioned, involved, or charged, particularly if dude was at a .39. Even long-term alcoholics can "function" at 0.4 (trust me, I know NM cops who will verify that someone can pass a field sobriety test at that level) but even then there are still indications that the person is drunk. And if this guy was showing signs of intoxication and wasn't cut off, the other guy is going to walk.