You can try to present such a defense but frankly it will be difficult to prove. Additionlly, this is your second time that you have been cited for such charges. The fact is that since you are no longer a first-time offender, the consquences of this latest incident will be more severe. Accordingly, you should consult with an attorney in the area of where this occurred who specializes in DUI and related cases. They can best advise you on the matter. Possibly an experienced criminal law attorney could get the charges thrown out on a tecnicality or at least use their contacts within the court system to your best advantage.