I'm sure the police are going to say they were allowed into the house whether they were or not and the trial judge is going to accept their word. Once they are in the house they can administer the breath test since they then have probable cause.
If there were no open containers they are going to say the "smelled" alcohol on their breath. The search of the house is a real problem and if any other evidence had been uncovered then that could be supressed. The problem is that a trial court rarely supressses evidence and you have the expense of an appeal. There must have been some report or complaint and the police can act based on that complaint.
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