How about this scenario?

[Serkle K]

So, I was thinking about this... In Jersey, and I think some other states, if your key is in the ignition, but the car not on, and you are drunk, you can arrested for DWI... So what about the cars that have push button start (Nissan/Infinity/others)? Technically there's no key in the ingition... Not that I condone drinking and driving, especially since I was hit by a drunk driver a few years back... but really, how do you think this situation could play out?

[dangeris]

Not that I've ever been stopped and arrested for drinking and driving but technically, it would be thrown out. Courts tend to look at the facts and if they refer back to the citation, if it reads "keys" and your vehicle doesn't require a keys, they have no choice but to dismiss the case. They'll only have grounds to stand on IF the citation is appended or re-written.

Now getting pulled over while you're driving under the influence...that's different story...

[Rustym2]

I asked a Colorado State Tropper this same question. He responded that if the car is "on". Does not have to be running they can get your with a DUI. They concider it intent to drive. If you are just in you car the have no grounds for a DUI but could, at officers discretion, give you drunk in public.

[spike228]

In some states, its illegal to just be in the driver seat when you are drunk (doesn't matter if key is in the ignition or if the car is on/off). Better to just sit in the passenger seat and lock the door.

[leeroy300]

yeah we all know that only a sober spouse can drive from this seat