Yes, well you could be right and he may get away with it if he chooses to plead not guilty.
As I recall, Katie Price was found slumped in the back of her car and her defence was that a 'mystery man' had been the driver and he had left the scene. The judge dismissed the case as the prosecution...
Well, yes. Factually you are quite correct. But given that he has been charged with Drink Driving after providing a positive sample for excess alcohol following a single vehicle crash in the early hours of the morning, I should imagine his guilt is simple a question of time, not doubt.