Wouldn’t they have to prove you were driving?
In Montana, the way it's written, lead to some fucked up legal conclusions.
-If you are intoxicated and have your car keys in your pocket, you are guilty of "being in control of a motor vehicle" and therefore can be detained/arrested. This has gone all the way to the supreme court and been upheld. So basically anyone that's been at the bar for an hour.
A man was convicted for DUI while drinking beer and washing his car in his driveway here once. Keys were in the ignition for the stereo.
Here it's generally guilty until a lawyer gets you out of it, if he can.
I was sleeping in my truck on the side of the road in my truck once and got arrested for suspicion of DUI. Everything about it was wrong. Without getting into too many details, it came down to an overzealous trooper trying to roust a sober man who happened to also be a former officer. I was so frustrated with his incompetence that I just said "if I'm under arrest, let's just go to jail". I did. It was a complete farce that could have ended my career.
I was 100% pro aggressive dui enforcement up until I went through the wringer. Completely disgusted with how my state handles this.