07/20/2009 at 05:40 PM EDT
With bloodshot and watery eyes and breath reeking of alcohol, Jeffrey Donovan told police he didn't think he was that impaired when he nearly hit a patrol car in Miami Beach, according to authorities.
"I really think I'm only borderline and not too drunk," the Burn Notice star said to officers, according to a report. He also allegedly said: "The only mistake I made tonight was drinking Benadryl and three glasses of wine."
That, and failing a roadside sobriety test, police said.
Donovan, 41, was arrested July 11 after a late-night incident in which his 2009 Audi "quickly swerved in order to avoid striking the rear of the patrol car," his arrest affidavit states.
Donovan, who refused to take a Breathalyzer test, was booked at Miami Beach police headquarters and released several hours later.
His rep declined to comment.