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Can I be charged with drinking and driving if I hadn’t driven?

Can I be charged with drinking and driving if I hadn’t driven? I was on my way to the parking lot in my building, where I was on my way to get something from the trunk of my car. I was clearly a bit intoxicated as I was watching a game with friends of mine in my apartment and had a few beers. When I arrived at the parking lot, a police officer happened to be there for an unrelated matter. He had seen that I was slightly inebriated and was attempting to access my vehicle. He then stopped me and asked me a bunch of questions, including “have I been drinking?”. I explained to him that I had been, but had no intention of driving and that I simply wanted to retrieve something from my car. He said he didn’t believe me and then sat me in the back of his cruiser and began writing me a ticket. I obviously protested it, but in my intoxicated state it came across as belligerent and I was ultimately fined. What can I do? I was not in the wrong.



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