Legal Question in DUI Law in California

Not driving - DUI

I was arrested last November for a DUI. I went to a party with 3 of my friends. At the party we were socializing with an ''John'' who I was on a first name basis with. He and I had drank before at other parties but I did not know him very well. I wanted to leave, but my three friends did not. ''John'' offered to drive as he had said he was not drinking. My three friends walked me to my car and witnessed me getting into the passenger's seat and ''John'' getting into the driver's seat. About 5 he was making a u-turn and went to wide. He went up the curb and hit a cinder block wall. When we both got out he started freaking out and told he and I needed to take off. He ran away but I stayed. As I was inspecting the damage to my vehicle the police arrived. They had received a call of a collission that was heard. After explaining to them what happened I was told that I was a liar and I was arrested. I am currently building my case here is what I have so far:

-3 witnesses that have written statements and also will testify that I was not driving

-''John'' took my keys so I had no keys, I had no possible way to drive

-Neither the police or the witness that called in the crash saw me ever driving.

I cannot locate ''John'' either I have tried.

2 Answers from Attorneys

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