If you were drunk and sitting in your car but not driving it can you get a ticket for DUI?

In most drunk driving cases a witness is needed to testify
that the person was observed driving the vehicle and that they were intoxicated.
However, when the person was not driving the vehicle but was an occupant and
intoxicated, court's differ on whether or not the person was "in control" of the
vehicle. It is not a matter of whether you were driving the car or not, the test is
whether or not you had physical control of the vehicle. For
example:

1. In State v. Dey (Mo. Appellate Ct. 1990) The
defendant was found sitting behind the wheel of the vehicle but was asleep, but the
engine was running. Defendant was convicted.

2. In State v.
Hines ( Iowa App. Ct. 1991) The defendant turned the ignition of the vehicle on but did
not drive off. Defendant was convicted.

3. In Stevenson v.
City of Falls Church ( Sup. Ct. of Vir. 1992) Defendant was sitting behind the wheel but
the key was in the off position. Defendant was
acquitted.

Criminal Law/Gardner/p.
492