Originally Posted by
blackdawn2
you missed the part where he said he was in AZ (a pig state) and was around key cars, not actually DRIVING
It's pretty common for DUI defendants to say that they weren't driving. They were just sitting in the front seat but not planning to drive, they were taking a nap in the back, etc. It's the reason that a lot of states now define a DUI a little more broadly to the intent to drive. In lieu of waiting until you fire up the car and start driving away, the police can arrest you if the keys are on you and you're attempting to get into the car. It's to short circuit the old "I didn't really drive, I passed out first so I'm innocent" defense. The argument is that a DUI offender is a safety hazard the second they turn the key, so preventing that from happening is an important goal.
I'm not saying that's the case with the OP, but the bottom line is it's irrelevant. He has a conviction, and it's on his record, for all to see.