[Lumper20]

You cannot be drunk and behind the wheel of a vehicle with the keys in the ignition, much less with the car running. That is DUI.

[Innovative]

Maybe the car was running, to provide heat, but it was not moving, it was parked.

[jsanders2001]

> You cannot be drunk and behind the wheel of a vehicle with the keys in the ignition, much less with the car running. That is DUI.

That could contested in court by any competent attorney. If the car is running I'd say it's a slam dunk. If its not running and he's parked in front if a store that sells alcohol, it could be contested.