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It is generally harder the longer the time lapse.
But they can do BAC calculations to work out the level at the time of the offence. Whether or not they would bear the cost is another matter. Generally speaking, that is preserved for much more serious crime where the issue is incapacity to consent but that is no guarantee that they wont
Also, if you only just failed it will be harder to prove. Generally experts are conservative.
Can I clarify anything for you?