Can i be still face

I was in a parking lot near a nightclub and my girlfriend and i were sitting in the car and we had drank a drink each and threw it away at a nearby trash can. We watched the cop drive into the parking lot and drive around asking some people questions. when the officer came by my car, i had to turn my car power on to lower the window to speak to the officer. He then claimed he can smell the alcohol on my breath so he told me to get out for a breathalyzer. Although I tested at a .02, i am 18. The officer claimed that i admitted to drinking and driving prior to arriving at the scene. The report says i was arrested and that i admitted to drinking and driving. The officer searched my car and found nothing. The report claims i was arrested and charged for a dui when the officer only took my id and let me drive after the confrontation.