If he were really intoxicated, I would be in favor of cutting him on the spot. However, I know a police officer who provided me with a detailed discussion of field sobriety tests, which are nothing but pseudo-science. I was shocked to hear about the techniques they use, such as following the movements of your eyes. He pointed out that such tests have an 80% reliability, but that's not much better than rolling dice. When someone rear ends another vehicle, they are bound to be shaken up. The only type of test that would pass muster with a scientist (and probably also a jury) would be a blood test that was conducted by an independent party at a reputable hospital. I have a feeling that a good lawyer will get the case thrown out unless there is solid evidence.