The driver wasn't drunk. He refused a breathalyzer (and presumably a field sobriety test) which is what every defense lawyer worth a crap will tell you to do (and there is a very good chance he was advised to do in the future by his lawyer when he received his first DUI). Because there was a solid 10yr when the public lost its minds about DUI the public treats anyone who is accused of DUI as though they don't have any rights so the police felt they could regularly abuse civil asset forfeiture against DUI defendants. They basically see it as a no-risk way to extract money the same as picking on drug dealers.
