An aside, but this is not true.
"According to Alabama state law, Hand was deemed to be in “constructive possession” of the vehicle, and although he wasn’t driving and the vehicle was parked, the keys being in the car was the determinant that triggered the arrest.""
https://www.tidesports.com/dashawn-hand-sleeping-car-not-dri...
"The vehicle cranked" is the key there.. he is shown to be operating the vehicle while under the influence.. If he was asleep in the car without it being on, I doubt they would have a case.
But more to my point, you can still be arrested for DUI while not literally driving/sleeping in the backseat. Given the number of law firm search results that pop up, I'm guessing it's often a way people fight DUIs. So maybe these don't stick.
My point remains that the role of government is to pass laws, and the role of law enforcement is to enforce those laws by capturing people who break the law. NOT to arrest people who "might" break the law, because that group contains everyone.
yes you can, at least in Florida. i had to recently take a driving class to avoid points on my license, and one of the points the instructor really impressed on that class was that IF you're in the parking lot in your car, (asleep or awake, doesn't matter) AND a police officer stops you AND gives you a sobriety test AND your BAC is over the limit, you're getting cited for sure.
be responsible and get an uber or a lyft or a taxi or any of the other options available to you.