Because there witness is no longer alive. Also they didn't come to arrest me until I was home only thing they saw was a empty beer can in my car
Not enough information to accurately answer the question. If the only evidence is your wife then the State will likely have a problem, however, if after contact the police learned of more and collected/documented then could be a different story. You should consult with a local attorney for a more specific answer and to being to protect your interests.