The star of the popular filmed-in-SoFla spy series Burn Notice has a date with a Miami-Dade judge later this month after he was popped for DUI in Miami Beach.

The dark and brooding Jeffrey Donovan nearly hit a police cruiser stopped at a red light July 12. According to the police report, Donovan told the MBPD officer, who heard the tires of Donovan’s Audi screech to a halt: “I really think I’m only borderline and not too drunk!”

The USA network star, 41, failed field sobriety tests and was arrested after the cop smelled alcohol on his breath.

After telling the officer he had three drinks at the nearby Fontainebleau Resort, Donovan added: “The only mistake I made tonight was drinking Benadryl with three glasses of wine.”

Obviously, Donovan never played a lawyer. Otherwise, he’d know to shut up!