If a person had 1 glass of wine would you find them guilty of DUI ?

If they have a witness that said they only had 1 glass of wine after getting off work. Was arrested and given a urine that the police officer lost. The first police report says officer secured the urine and sent it off for testing. One month later he changes to Refused. Why would he change to refuse when he said that she gave a urine the first time. There are no breathalyzers in this city currently. taken to hospital and she admitted to having 1 glass of wine and being sleepy. No BAC level available so whether she was under or over the legal limit is not determined