there was a fairly high profile case recently
where that was tried and spectacularly failed (the scenario you present)

there's bucketloads of precedent as well, so I'd say you'd have no chance in any case.

I'm not disputing your points, only that even if what the OP says actually happened, the police would still have prosecuted successfully.
( the mighty badger Aphrodite, on a bar stool, by your side, Mon 30 Jan 2012, 17:07, 1 reply)

I reckon drink driving laws
have been around for long enough for the police to have got pretty much every loophole covered. I think you're right.

Having said that, if the coppers were so stunningly inept as to allow a mate with a hidden bottle of vodka to travel in the van with him . . . they'd be in far more shit than the driver.
(username failed moderation, Mon 30 Jan 2012, 17:17, closed)

Exactly why I got away with it
They fucked up, and the roadside test is only an indicator, the breath test in the station is what counts, they royally fucked up the moment they let my mate in with me without checking him, not in the habit I've making bullshit stories up, just thought it was slightly relevant to the qotw
(serge, Mon 30 Jan 2012, 18:16, closed)

No no no.
It didn't happen.

You were probably really drunk, riding your rally chopper, and just imagined it.
(username failed moderation, Tue 31 Jan 2012, 9:25, closed)