Yes, this is what is called a physical
control case. If you were under the influence of alcohol or tested above the
legal limit, and in a position to start the engine and operate the vehicle, you
can be charged and convicted of a DWI. It doesn't matter that you never
intended to start the car and drive off down th street, it only matters under the law that
you had the ability to do so. If you are in the driver's seat and the key
is in the ignition, you still have the
ability endanger the public by driving under the influence of alcohol. The DWI
laws are designed to favor protecting public safety at the expense of personal
liberty.
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