A Florida man told the officer who pulled him over that he was taking swigs of bourbon only when he stopped at traffic lights and stop signs - so he was not drinking and driving.
Indian River County Sheriff's deputies still arrested 69-year-old Earle Stevens Jr on June 27 on charges of driving under the influence and driving without a licence.
An arrest affidavit said Stevens smelled of alcohol. He told them he felt "pretty good" and that he was not drinking while the car was moving.