My Husband was arrested for a DUI while sitting in the car with the keys in the ignition. He was not driving, nor was I even in the car. We were sitting in the parking lot of a restaurant, I was waiting outside the car and the cops showed up. They said because the keys were in the car its a DUI, again even though he was not driving and we were not leaving anywhere. He blew a 0.09 so hardly over the "limit." They never read him his rights for anything. Is this a DUI and can we fight this and win? He past the other tests they gave him and barley failed the breath test. This hardly seems fair. By the way he is also military if that make any kind of difference.