Let's see. Listerine has alcohol in it which can lessen the chances of you passing the breathalyzer. Some people have balance issues and may not have been able to pass the field sobriety test. Not all cops do a breathalyzer test, especially if you reek of alcohol. They kind of just assume... I've seen that happen at least in my city plenty of times. The open containers of alcohol may be a good qualifier for an arrest. The DD allowed his friends to still have beer in the car, whether he was drinking it or not. Whether it's actually illegal in OP's area or not, it's still a veeeerry bad idea.

He swerved because his friends suddenly poured beer onto him. You would swerve too, I'm sure, if someone did that. He acknowledged that he was pulled over for swerving but I'm sure once the cop got to the window he smelled that OP reeked of beer & probably searched the car & found the open containers which gets him in trouble. Some cops just assume you're drunk & slap a ticket on you. He swerved, reeked of beer, had open containers, & possibly rowdy friends in the back seat. He shouldn't have let them have the beer in the car & that was his mistake. Being a DD is hard when the drunks act like 2 year olds & don't listen or do the complete opposite of what you ask.

It depends where the liquid fell, though. IMO if they just poured it over his shoulders and missed his face, there's no reason to swerve because you're still able to see. I realize the open containers were what got him into trouble... I've commented that very thing. I know some cops assume; I've commented on that too. I've seen it plenty of times around here, and I'm positive cops everywhere else do the same thing.

I'm surprised at how long it took someone to realize this. It's the driver's responsibility to make sure nothing illegal is happening in the car. YDI. Btw the fml never mentions being arrested for DUI.