Can a Tesla get a dui?

Interesting story in this morning’s Chronicle, in case you missed it.

Yesterday two CHP officers were driving south on 101.  They passed a Tesla and noticed that the driver was asleep.    The Tesla Model S is not a self-driving car, and Ellon Musk personally warns each driver that she/he  must keep hands on the wheel.  The car does have autonomous features and will keep on going when the driver says ” look Ma, no hands”

The cops followed the Tesla blaring the siren to no avail.  They then came up with a very creative solution.  Two CHP cars:   one gets behind the Tesla doing S curves back and forth on the freeway to slow down oncoming traffic.  The other gets ahead of the Tesla at its speed and gradually slows down, then coming to a complete stop.  Tesla does the same.

The “driver”  is taken to some official office, and presumably was charged with a DUI.

I’m imagining his defense “I confess to the UI part, but officer, I wasn’t driving!: