In the state of new mexico can someone be arrested if they are in drivers seat without no keys in ignition?

Question

I was on the side of the road my mother was driving and left vehicle and took the keys she went walking for help i was in passanger seat and was getting cold it was 12 degrees i went over to driver seat to start up car and realized my mother had taken the keys to the car. I had a couple of drinks at a party that is why i was not driving. After getting into the drivers set

the police pull up behind be and gives the dwi to me and tows my car. they searched my car for keys and were unable to located them because they were in my mother posession.

can they convict me with a dwi even though the keys were not in the vehicle.

Answer 1

Parking While Intoxicated?  Never heard of that one.

Answer 2

Some states are diffrent than others. but if you are in the car with the keys you can and will get the kick. if they cant find the keys you will still get a warning. And get a kick for being drunk in public

Answer 3

In light of the circumstances,   I would argue this case.  

1.   There were no keys in the vehicle or your possession.

2.   Your mother can verify the above,  and that the car broke down.

3.   It is unreasonable to expect someone to not attempt to have heat in the cold temperatures.

4.   DWI is defined as "Driving While Intoxicated".   You were intoxicated,  you were not,  and could not,  be driving.    Thanks mom,  for keeping you from really s******g up.

Answer 4

I saw a guy get charged with "Drunk in the vicinity of a vehicle" in California one time. He came out of a bar and leaned up against a car and barfed in the gutter. Wasn't his car and he hadn't even been drinking, but they charged him anyway. If you and your mother tell the judge your story they probably won't convict you, but who knows?