I am not familiar with the DUI laws in Georgia. In California, if you are sitting in the car and have the keys in your possession, and you are drunk, even in your own driveway, you can be found guilty of DUI. The law has wording to do with being in control of the vehicle. It does not have to be moving. Sitting in it with the keys is considered "control". So here, I think he could have been and probably would have been arrested, considering he was in a drive-thru lane at Wendy's
What the cop has to consider is if he just lets the guy walk home to his sister's house, and he gets in his sister's car an hour later and kills someone in an accident, that cop is ****ed.
I don't know how often that gets enforced that way, but if you are going to sleep it off in the parking lot at the bar, leave your keys with the bartender.
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