he could still get a DUI for this . . . common mistake.

Actually "actually", you cannot get a DUI unless you actually start the car. I could be wrong, but I'm pretty sure that's what the law says.

If the keys are in the ignition, you are DUI

And from this picture, there is no way to tell if they keys are in the ignition or not. So I guess we'll never know whether he could have gotten a DUI or not!