DUI while truck was parked and engine not running (Montana; first offense)

Location: Montana

As the title states, this past week I received a DUI while parked, and the engine was off.

TLDR; DUI in my truck while messing around with a girl and the engine was off and I was parked. I have NEVER been in trouble other than speeding ticket.

Background:

I met a girl at a bar. She wanted me to take her home. She lived real close to the bar so I said ok let's go.

I turned into the alleyway she told me to, and I turned and parked where she told me to.

We started messing around in my truck and her arm kept accidentally hitting the horn, honking it. After the second time, I told her we should go inside.

She insisted we stay in the truck. A few moments later I saw the red and blues.

Cops asked me to step out and I did. I did a field sobriety test, failed that. I did a PBT and blew a .187.

Throughout the entire process I was nothing but respectful and listened to everything the cops told me to do.

We went to the station and they drew blood. I believe it takes about a month or so to get back.

I called a friend to the station and gave them my debit card to pull cash so I could bail out.

Made bail and I had court that same morning. I plead not guilty and the judge set a jury trial for late September.

The state statue states the state must prove I was in control of the vehicle. With it being parked, and engine not running, how is one in control?

The county does offer Veterans a 16 month program. From what I have read, it is ran by a judge and upon completion it gets taken off my record.

Author: DumbDriverInMT