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They should throw the book at him. But on a side note, he could have just said that he didn't drive it home. If he would have, they could not have done anything to him. Seeing that he was intoxicated and the police never saw him driving they will have a hard time if he decides to fight it.
On a side note, We all know it was him and he should get punished, but the court of law doesn't work that way and they have to prove it was him. Without a police officer seeing him drive, that could prove difficult.
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