Daniel Winsky was accused of being under the influence of alcohol when teaching two students, although the students said Winsky didn't seem intoxicated, Boston television station WCVB reported. He was sipping from a bottle of cough medicine, court documents said.
Police pulled over the instructional car after a clerk and customer called them, saying the man smelled of alcohol. A Breathalyzer test administered after the car was stopped Dec. 26, 2007,showed Winsky had a blood-alcohol level of 0.223 percent, nearly three times the Massachusetts legal limit of 0.08 percent, police said.
The field test isn't admissible in court, and since police didn't arrest Winsky immediately, no formal test was administered.
"He is not guilty. He did nothing wrong and we will be taking this to trial," defense attorney John Morris.
Because he didn't refuse a Breathalyzer test, Winsky may drive while the case is pending, but cannot teach driving lessons.