I had to get one of my young sailors out of jail for a DUI for sleeping in a parking lot of bar that was part of a strip mall. He had to much to drink so he decided to not drive back to the ship. It was winter and he had the engine running to keep warm.
He was dead asleep when the cops banged on his door.
Did he deserve a felony?
Read the statute. It's about "control." If the keys were in the ignition, or anywhere within arm's reach, then he potentially had control of the vehicle and that is sufficient to sustain an OVI.
I question how accurately any kind of passive sensing system could detect BAC. I suspect that either the sensitivity would be so low you'd have to be several times over the legal limit for it to detect that you're drunk or it would return a lot of false positives.
You are right to question it. We're talking about Medicine; not Science.
Medicine is not Science and never will be. Yes, Medicine uses scientific methodology and scientific principles, but then so do Psychology, Sociology and Psychiatry and none of them are Science and never will be.
Some people THING they can handle 15 drinks and drive competently. No one actually can.
You don't know what you're talking about.
I made 134 OVI arrests with 131 convictions for DWI (0.10), 1 conviction for DUI (driving under the influence 0.08), one conviction for driving while impaired and one unfounded.
I got a woman convicted with a BAC of 0.02. She handed me a credit card instead of her license and then she face planted after I asked to step out of the vehicle. She was mouthy so I called the paramedics to CYA and because she might actually have a medical issue, but she was belligerent and combative in the ER and it was all on video, so the court had no problem convicting her.
Professional Drunks --- you know, alcoholics -- typically have a BAC of 0.15 all day long every day and they function normally. They don't actually get drunk until their BAC is 0.25 or 0.30.
BAC only measures blood alcohol (and not always accurately) but that doesn't tell you if someone is impaired.
Whether someone is actually impaired by alcohol depends on how much sleep they've gotten in the last 24 hours; the amount and quality of sleep in the last 72 hours; how much they've eaten; what they've eaten (proteins, carbohydrates, starches); the type of beverage they consumed (wine, liquor, liquor with a carbonated mixer, liquor with a juice mixer, beer etc); their mental state (happy, depressed, anxious etc); their physical condition; their height and weight; and their DNA.
Two beers will knock a Pacific Islander or Aboriginal on their ass. Asians tolerate a little better. Blacks and Whites have the highest tolerance levels.
Before you drag out some "study" by MADD/SADD, you should know those are all fatally flawed. I did one at Miami University where you have a drink then negotiate some cones on a closed course. I hadn't even finished half of the first beer, and they like, "Wow! You're really plastered. You can barely sit up." I was like what hell are you people talking about?
Yeah, that's right, don't underestimate the power of suggestion. If you doubt, might I suggest you read the study on poison ivy/poison oak. Those people were told poison ivy would be rubbed on their arms when in fact it was just a non-allergenic lotion, and they all physically reacted with hives just as though they had their arms smeared with poison ivy (even though they didn't).