Helen, just to answer your question about being drunk and driving at 5am.. He could have stopped drinking at 10pm and slept a few hours, then awoke to go to work. Even that lapse in time can result in a legally drunk definition. Probably happens a lot more than anyone is willing to admit by people of all types. Americans, Mexicans, Norwegians, Scientologist.Stand by for the release of his BAC test. If it's right at the legal limit (.08) then that's the equal to 1 beer and hopping in a car. That being said, he should not have been on the road. He is going away for a while.