My boyfriend had a few beers a few hours later after he had gone to bed woke up to his friend in a frantic need of a ride home

His friend was wasted and my boyfriend didn't know the area so when taking directions he accidentally turned the wrong way down a one way and the police pulled him over. They smelled alchol which was coming from his friend in the passenger seat whom was 21. The police asked my boyfriend (joe) to step out of the car they did all the DUI tests on the side of the road which he passed while another officer searched their car. There was a empty water bottle that smelled to alchol so they charged joe with a open container which had nothing in it. They arrested him took joe to the police station and did a breathalyzer test and when joe asked to see the score the officer refused to show him and then wrote on the paper work that he blew a 0.9. So this is the situation as well joe is 20 years