Otis is arrested and charged with DUI after causing an accident and his blood alcohol level in a breathalyzer test is $0\mathrm{.}14,$ above the $0\mathrm{.}08$ legal limit$.$ Otis defends that a crime requires actus reas and mens rea. Because he was drunk, he did not know what he was doing and could not have had mens rea.

Otis is not guilty has he had no mens rea

Otis is not guilty if he did not consent to the breathalyzer

Otis is guilty if it is proven he had mens rea before he got drunk

Otis is guilty as recklessness replaces mens rea