I have stated before my opinion about DUI, so there is no need to do so again here.
That said, I do believe that my friend deserved what he got... the first time. 3 times caught driving while wasted, I would have thrown the book at him too. But having a beer (ok a few, but they where weak.) while sitting in his own back yard, then failing a test less than an hour later (I never said he was smart...) causes the system to lose a lot more money than they gain, and really doesnt help anyone. I would completely understand if this where a case where he had been DUI again, but he was not. This was his first drink in all of that time, and my guess is that its because he figured they would let him slip.