Is time travel a defense to DUI?

Niles Gammons, a student at the University of Illinois, was arrested for DUI on November 4th at 1:08 A.M. You will recall that daylight savings time ended on November 4th at 2:00 A.M. and the clocks were set back one hour.  

The student was processed through the police station and released relatively quickly. Exactly one hour after his first arrest, a different police officer was driving through the parking lot of the police station when a vehicle rapidly backed out of a spot and almost collided with the police car.  

As you have probably already guessed, Mr. Gammons was driving that car. He was arrested for his second DUI in the same evening.  Both tickets are dated November 4th at 1:08 A.M., they each describe a different location of arrest, and are each signed by a different police officer.

There has to be a defense there somewhere!!!  HERE is a link to the Smoking Gun's report.