Legal Question in DUI Law in California

They can probably arrest you, depending on the circumstances, but convicting you could be harder

In some states, you can be convicted of drunk driving just for being in a car when you're drunk. In California, the prosecution has to prove you actually moved the car while drunk.

That proof can be circumstantial; for instance, if you were passed out drunk in the middle of the road with nothing to show you drank after you drove.

You could also be prosecuted for public intoxication or even ATTEMPTED drunk driving.

It's up to them to prove you were driving, but like any DUI case there's a strong chance you'll get convicted unless you do something about it. Don't get convicted. Do something about it. Hire an attorney well in advance of your first court date.

Of course. They 'can' do anything they like. And they did, didn't they? You can defend the charges, and depending upon the facts and evidence, you may have a chance at success. You won't know until you try. If serious about hiring counsel to do so, feel free to contact me.