What if the drunk wakes up on his buddy's couch, still too drink to drive but decides to go to his car?
If it's in a private driveway, he's probably OK in an "in control" state. If he's parked in the street and he's got the key and for some reason a cop stops to do a wellness check on him, he's boned.
Nobody's brought it up, but if a guy is parked by the side of the road, drunk and asleep in the driver's seat and there's no ignition key, either in the car or his pockets, he may be okay, because there's no way he can start the car (control not possible), depending on the jurisdiction and appellate court precedent.
Where's the key? Drunk girlfriend took it and walked home.
