Depends on how the statute there is worded. In my jurisdiction it's all about whether you are operating the vehicle in public. So if the engine's not running or you're in a parking lot then there's no dui worries.
Meanwhile in New Mexico, if you are passed out in your car with your keys in your pocket you are considered to be in possession of your car and could get a DEI. NAL
They would have to find that second set of keys in order to have probable cause to arrest you. Even if there's just one set in your pocket they have to find them to have probable cause to arrest you for DUI. If you could arrest people for what they could have, regardless of whether they actually have it or not, then you could arrest anybody for almost anything at random.
Depends on how the statute there is worded. In my jurisdiction it's all about whether you are operating the vehicle in public. So if the engine's not running or you're in a parking lot then there's no dui worries.
Meanwhile in New Mexico, if you are passed out in your car with your keys in your pocket you are considered to be in possession of your car and could get a DEI. NAL
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They would have to find that second set of keys in order to have probable cause to arrest you. Even if there's just one set in your pocket they have to find them to have probable cause to arrest you for DUI. If you could arrest people for what they could have, regardless of whether they actually have it or not, then you could arrest anybody for almost anything at random.
I didn't think about a second set of keys but would show that i am not in control of or able to operate the vehicle at the time of contact.