INDIAN COUNTY, Fla. (WFLA) – Now, we all know “drinking and driving” is a criminal offense, but what if your car is in stationary? Can you still have a few sips?

No. No, you can’t.

Earle Stevens Jr. of Vero Beach learned this the hard way last month. 

The 69-year-old was pulled over at a McDonald’s drive-thru on June 27 after a woman said a vehicle behind her kept hitting her rear bumper. 

According to TCPalm, Stevens said he’s never had a valid Florida driver’s license and deputies noticed an open bottle of liquor in the passenger seat of his car. Deputies said Stevens smelled of alcohol and said he felt “pretty good.”

He also told deputies he was drinking Jim Beam bourbon from the bottle found in the passenger seat, then gave arguably the worst (or best) excuse ever.

“He further explained that he was not drinking while the car was moving and only when he stopped for stop signs and traffic signals,” the arrest affidavit states.

Once in custody, Stevens blew a blood alcohol content reading of 0.153 and 0.147, which is above the 0.08 legal limit.

Stevens said he’d had two earlier DUI charges from Missouri.