I know laws vary from jurisdiction to jurisdiction, but this just doesn't seem right.

Here's the set-up, 18 year old kid goes out drinking with his buddies, realizes that he is too drunk to drive home,(good for him) so he puts down the rear seats in his SUV to sleep it off before going home. Cop comes by several hours later and arrests him for drunk driving, he's in the back sleeping, how can they do this? Because he is in the car and he is in possession of the keys.
Sometimes I wonder WTF.