He was very far in the wrong and he posed a large risk to everyone around him. If you have had enough to drink that you would fall asleep in the amount of time it takes for the light to change to green, then you are signifigantly impaired. You are getting too caught up in the BAC levels. If a .093 BAC is signifigant enough for TLR to pass out at the wheel, then it is a serious situation. He's actually lucky that things didn't turn out worse for him. He could have fallen asleep while driving, he could have been rearended by someone not expecting there to be a car parked at a green light, his foot could have slipped off the brake or slipped onto the gas pedal, any number of things could have happened. I don't really see how his BAC is signifigant in this situation.