@kiwi because under the law even if the car isn't running as long as you're sitting in the drivers seat you're technically in control of the vehicle. bullshit, I know
Because the intent to drive while under the influence or impaired is enough. You can get slapped with an intended DUI if you have beer in your back-seat that can be opened.
A teacher I had in high school told us we can do this and get away with it as long as you take your car keys and toss them in the back seat. You can't drive with them back there and they aren't on your person, so no intent. Who said you don't learn in public school?
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