What?! You know of a case like that? That sounds off-the-hook completely.
It has indeed happened.
How about this one that I heard from a little old lady that taught drunk driving classes. She was vehemently against drunk drivers but even taken aback by this one.
Apparently one of her "students" went out with business clients in Staten Island and felt he had too much to drink. He decided to call his wife to come pick him up and sat in the back seat of his car with the door open waiting for her. His wife arrived just in time to see her husband carted off to jail. He was not observed operating/driving the car, yet was still convicted of a DUI.
That will teach him. He more than likely would have been able to drive home without getting caught.