BOISE, Idaho -- Ada County, Idaho, Sheriff's officials say they had no legal ability to keep Randy J. Reynolds, 51, in jail following either of his misdemeanor DUI arrests between 9 p.m. and midnight one night last week.
Police say he took a cab back to his pickup after the first arrest and tried driving again.
Reynolds was within his legal rights to post separate $1,000 bonds to be released from jail late Thursday night and early Friday morning, officials said.
Misdemeanor DUI suspects can only be kept from bonding out if they are physically incapacitated, and Reynolds did not meet that standard, spokeswoman Andrea Dearden said.
Reynolds' pickup was left legally parked on the side of the road, as Boise police policy dictates. Officers routinely leave the responsibility of legal removal to whomever is arrested, police spokeswoman Lynn Hightower said.
The cars will get towed if where they are parked is deemed to be unsafe, like on an interstate highway, a freeway or private property, she said.
But police did impound Reynolds' pickup after the second arrest, Hightower said, because Reynolds "proved that he was going to ignore the officer's warning and continue to be a threat to public safety."
A breath test indicated Reynolds had a .26 blood alcohol level -- more than three times the legal limit of .08 -- for his first arrest, police say.
Hightower said the officer who arrested Reynolds told him he shouldn't attempt to drive until at least noon the next day because he was so intoxicated.
But less than an hour after he bonded out of jail, he was back on the road, police said.
Jail records show Reynolds left jail by 11:33 p.m. His second arrest came at 12:19 a.m. Friday -- when the same officer saw Reynolds driving south on Broadway Avenue.
Police say the pickup was swerving back and forth and going significantly slower than the 35 mph speed limit. A second breath test indicated Reynolds' blood alcohol level was .22 -- still almost three times the legal limit.
Reynolds bonded out of jail for the second time at about 2:15 a.m., and officials Friday were not sure if he called another cab or had someone pick him up.