nope then it would be public intoxication more than likely. Also, if it was already open then it may violate open container laws. However, both would be less than a DUI.
a cop did this exact thing after driving drunk and killing someone.
he was charged with obstruction of justice but he'll likely get off cause he's a native american.
My stepdad's friend got caught drunk driving by a cop on his own street once. He pulled in his garage, shut the door, and popped some whiskey out of the fridge before going out to talk to the officer. The officer couldn't do a thing about it.
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Sadly, no. Being in you car with the keys in the ignition is enough for a dui. Even if you're asleep in a parking lot.
Also, drinking in front of a cop in the driver's seat will probably cue him to rip you out of the car, throw you on the ground, and think of something much worse to give you.