There's nothing to say that the bottle was full, Tschetter cracked the seal and then chugged more than half of it gone. It could have been in his cab from previous events. He's in shock. Reaches down, grabs a bottle, takes a swig. Ewww, vodka.
Maybe he tossed the bottle and refused to blow because a lawyer once told him to never blow; that it was always better to refuse. A lot of good that advice did him now.
In any event, it doesn't matter whether you or the judge believe Tschetter or not. It's sufficient even if you don't believe the accused's story that if it raises a reasonable doubt you must acquit. Mind you, the vodka thing is a minor part in the grand scheme of things and probably only affects the length of his sentence rather than whether he is guilty or not.
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