If he was a .21%, after 2 1/2 hours he would be around .17%.
The human body metabolizes alcohol at approx .015% per hour.
Still would be above the "Extreme" level.
I don't know why people are asking if he was operating a boat or not. Driving, or in actual physical control of a motor vehicle anywhere in the State (including launch ramps, private property, or even the middle of the desert) while impaired is still a crime.
If the machine gave a false reading, then the Ranger did the proper thing. Get blood. No grounds for dismissal since he recognized the problem, and took alternative measures. Now, anyone else who was charged, based on the results of that machine from the last time it was calibrated/serviced, might be able to prove reasonable doubt.
Alen, are the field machines just to determine probable cause. Then one of the three of your choice breath, urine or blood test to identify the actual BAL. Just curious as I stayed at Holiday Inn last night. :jawdrop:
Late, Mike