Oh, yeah. If you’re in the driver’s seat with the keys in the ignition, you’re in control of the vehicle. Doesn’t matter if you were doing a hundred miles an hour down the bike path, or if you’re parked in the driveway, or if you’re parked in the fire escape doorway of the Wal-Mart–you’re going down.
True story: way back when, a couple of buddies of mine at James Madison University dropped acid and drove up a mountain, where they found themselves too wasted to go home. So they did the logical thing and cracked open the case of beer they had in the trunk of the car.
Sooner rather than later they were visited by a Sheriff’s Deputy. He proceeded to give my friend the field test, which he failed, and asked him to turn over the keys. He couldn’t find them. My pal looked everywhere, as did the officer, but the keys were gone. When the backup arrived, the second officer heard the (partially true) story, checked the trunk, and found the keys still in the lock.
No DWI, and for honesty’s sake, the 5-0 dropped them off at home, where they happened to be throwing a keg party. They didn’t bother to bust it.