Upon my arrival I observed the defendant handcuffed andbeing held onto by D/S _____. He walked him towards my patrol vehicle and advised the defendant to gt [sic] into my patrol vehicle multiple times and the defendant kept stating "Do you know who I am, you don'tknow anything about my problems" [...]
D/S Muller advised me that he was in handcuffs due to him failing to follow his orders and that he kept running out in the road with his hands up. I then asked the defendant to get into my patrol vehicle and he stated "F**k you" do you know who I am, I asked him several times to sit in my patrol vehicle and he failed to comply with my orders. I then lifted his left hand to gain pain compliance and he then pushed off the vehicle into me. I then delivered 3-4 knee spikes into his left thigh muscle and the defendant fell into the vehicle. [...]
... the driver who was later identified by his valid Florida DL as Jose Miguel Cabrera, while speaking with him he detected a strong odor of an alcoholic beverage coming from his breath when he spoke, his eyes where [sic] bloodshot and watery and his speech was scented and heavily slurred. He then advised me that he asked Jose who was with him and he state "I am going to f**king kill him" D/S M___ did not see anyone else in the vehicle or in the area. D/S M__ then advised me that he observed Jose pick up a bottle of James Buchanan's Scotch whisky [sic] and start drinking it.
He then advised me that he asked for his ID and Jose handed him a passport and Jose got out of the car and starting [sic] walking into the roadway putting his hands up. D/S M___ then advised me that he ordered Jose multiple times to get out of the roadway and after a few times he complied but would wander out to the road again. [...]
I transported Jose to the St. Lucie County Jail, while traveling to the jail a strong odor of an alcoholic beverage emanated within my vehicle that was not there prior to Jose being put inside.
You can read the report in its entirety here.
The only thing Cabrera has going for him is that he did not take a Breathalyzer, so there's no absolute proof that he was intoxicated above the legal limit while "driving." But there's no proof he was ever actually "driving," either. The police report is extremely vague as to whether or not Cabrera was ever driving or even in the driver's seat (with the keys in the ignition) when he was initially approached by an officer, although they refer to him in the report as "driver." Cabrera referenced another person when the officer asked him who he was with; either Cabrera was really crazy drunk, the real driver went to get help while Cabrera stayed behind with the broken down car, or Cabrera was witty enough to make up another person to make it seem like he was never actually driving.
At any rate, he still had an open container and resisted arrest, so it doesn't completely absolve Cabrera if he wasn't in fact the "driver." And the fact he was supposedly inebriated after having sought treatment for his alcoholism last year is a whole other issue.