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'Burn Notice' Star -- I Was Only Borderline Drunk!

7/20/2009 4:01 PM PDT BY TMZ STAFF

"Burn Notice" star Jeffrey Donovan is going to have a rough time in court -- it's not exactly an airtight defense in a DUI case to argue, "I really think I'm only borderline and not too drunk."

We obtained the police report from the Miami Beach PD. The arresting officer wrote he first noticed Donovan after hearing "a loud tire screech behind me." The cop said he saw Donovan's car swerve left to avoid hitting the police car.

When Donovan finally stopped, he didn't serve himself well when he said, "Sorry, I didn't see the red light or your stopped car."

The officer says he smelled a strong odor of alcohol, asked Donovan if he had anything to drink and got this answer: "I had three drinks at the Fontainebleau."

Donovan flunked a field sobriety test and was taken into custody. That's when he said, "The only mistake I made tonight was drinking Benadryl with 3 glasses of wine."

We're thinking that's not necessarily his only mistake.

UPDATE 5:49 PM ET Donovan was just charged with one count of DUI. If convicted he could get 6 months in the slammer, but given that he's a first offender it's unlikely that he'll do any time.

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