True story, they have proof you were blitzed, w/o the test your almost guarantee'd a lesser charge. Why do you think they did the 1 yr automatic loss thing? If you blow then you have to prove that the machine somehow was improperly calibrated and all kinds of other bs. W/o that test they dont have anything. Since he wasnt driving ( or so you say even though an off duty cop just happened to drive past the back end of a building and a vacant parking lot where a parked car was sitting and this off duty officer just happened to look in the car for absolutely no reason where a guy just happened to be sitting there.......riiiggghhhttt) and they have no concrete proof then i'd say a wreckless op is in his future and he'll probably get driving privilages. Good luck, either way he'll think twice about it in the future.