>> weeks later, toxicology results were provided to the judge and indicated that mr. ponce was indeed under the influence of alcohol. he was drunk. he was .14, almost twice the legal limit. >> we are expecting the judge is going to say okay, we will remand you back into custody. instead, he recused himself from the case, because of the comments he made previously. >> i think you were drunk, i think you are lucky you didn't have a girlfriend in the car that didn't die. >> it was assigned to another judge and that judge let the bond stay. >> first judge said if the tox comes back and it's over the legal limit, you're going to be in jail.