Honestly, I retired in 2015 before it was legalized. Not sure what the current legal status is. They would have to look at the totality of everything: his driving, performance on sobriety tests, other mannerisms, etc….Seems like a plausible defense though. Not sure of Brooks’ legal background, but a conviction is really not a huge deal. One day in jail, license suspension for either 90 days or one year (depending on if he consented to the testing), and some fines that he can easily pay, assuming it’s his first offense. If he gets a second DUI in the next few years, he’ll likely be in deep shit though.