Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

You ask a good question

If i am sleeping in a car in PA with my keys in my pocket and not behind the wheel will I or can I be charged with DUI

And I am sorry to be the one to have to bear bad news.

The answer is yes.

You can.

The reason lies with how the criminal process works. In order to charge a case, police need only have "reasonable grounds" to believe a crime had been committed and that the person to be charged actually was responsible. So in PA, "reasonable grounds" is the standard to charge a crime.

That allows a charge.

Now...to gain a conviction requires a much higher standard of proof. To convict the state must prove, "beyond a reasonable doubt", that the crime was committed and the person charged was guilty of the crime.

And if they (the state) do not have strong evidence that the person charged committed a crime, they will likely have a tough time gaining a conviction.

But they can change.

And they can gain a conviction.

If you take a look at This Case you see a recent PA court opinion that is on point.

Please let me know if you have more questions, if not please accept / rate the question so I get credit for my work.