I was charged dwi/refusal

I was charged dwi/refusal. The thing is the car was stolen, after i got out went into store somebody jumped in and took it, I called the police to report it they came made a report and arrested me dwi. This happend in NJ, The state has to prove that i was operating to make a finding of guilty, But in effect the jerk who stole my car was physicly the operator at the time, They arrested me, Which would make me no longer the operator,So the police have no grounds for the arrest in the first place..........Right or wrong Thank you

[after i got out went into store somebody jumped in]


if you were drunk at this point you can be arrested?