Mickey Rourke DUI Could Be Dropped

Florida police admit breathalyzer was faulty.

The Florida DUI charged against Mickey Rourke last month may be dismissed due to malfunctioning equipment. Rourke was arrested after he left a Miami Beach nightclub and was seen making an illegal u-turn and weaving on his Vespa scooter.

An initial breath test revealed a blood alcohol content of .081, just above the legal limit for intoxication in Florida. However, a second test on a different piece of equipment showed a BAC of .074%, which is under the legal limit. The Miami Beach police department is now admitting that the Breathalyzer used in the first test was broken and the results were inaccurate.

Rourke's criminal defense lawyer has said that the 51-year-old actor’s driver’s license has already been returned. The District Attorney has not made a decision on whether to drop the drunk driving charges.

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