I was seated on a jury in Texas regarding a DWI case. All the prosecution had to prove according to TX law was that the person was in the vehicle in a public place and had a BAC at or above .08. Semantics of course but endless testimony about "public" and the assertion is that the car did not get there by itself.

They don't have to show access to keys. You're the only one there (Even if your buddies bailed on you), your BAC is above the TX legal limit, and the car is in a public place. That's exactly what happened - cops rolled up to the parking lot, did the field test and breathalyzer, and arrested the perp. Turns out this was the 3rd offense which in TX is a felony.

We were getting ready to go to the jury room to discuss, when the defendant pleaded. Took 5 years in a federal prison rather than take his chances with our decision.