Can i get a dui without being in car

Can i get a DUI without being in car?

Question: I want to know if I can get a DUI without being in car.  My friend was driving my car and crashed it, we started walking. He went home which was not that far away and i was walking to my house to get help.  A cop stopped and asked me whats going on. I showed him where my car was he then gave me a breathalizer which was .11.  He later took me to get blood drawn. I was not in my car when they found me, can they prove i was driving under the influence? I was arrested for a DUI in San Fernando, CA and have a court date coming up.  I am really nervous about this but it just seems wrong that I will be convicted for a DUI when I wasn’t even the driver.  I told the officer that but he apparently didn’t believe me.
Answer: You can be charged for DUI….and it is possible to be convicted of DUI….but you shouldn’t as you were not the one driving. Contact me to discuss further and to have me defend your DUI. There are many potential defenses, including the biggest one….no actual driving!  I have many other questions to ask you that can be relevant to your defense of the DUI, as well as the hit and run potentially.  For example, did you give the information of your friend that was actually driving the car?  Also, you didn’t mention the hit and run issue, but if they are charging you for a DUI, expect a Hit and Run charge as well.
Call me to set up a meeting.  Thanks.
DUI & Criminal Defense Attorney, Phil Hache