Public intox while sleeping in own car parked in own private driveway?

My boyfriend got arrested last night for Public Intox. He was locked out of his house after being dropped off and decided to sleep in his car which was parked in his driveway (the driveway is private and only for use of his residence). After about an hour of sleeping the police saw him in his vehicle and arrested... show more My boyfriend got arrested last night for Public Intox. He was locked out of his house after being dropped off and decided to sleep in his car which was parked in his driveway (the driveway is private and only for use of his residence). After about an hour of sleeping the police saw him in his vehicle and arrested him for Public Intox. He is still in Jail this morning....Is that legal? he was in his own car on his own property parking in a private driveway? that doesn't sound public to me nor does the arrest seem to show probable cause? Do we have a case? Whats the chances of this being Thrown out?
BTW, we live in Indiana
Update: its a bad neighborhood and as far as we know he was sleeping next thing he knows cops are knocking on the window and claims they were checking on him but then arrests him after smelling the booze in his breath
Update 2: He Did NOT even have the keys (hence he couldnt get in the house)...and he slept in the backseat it wouldnt matter he had no possible way of starting the car
Update 3: do people even read the details at all??!!!! I clearly stated he DID NOT HAVE THE KEYS!!!!! Therefore unless he knows how to do magic Tricks he could not have physically started or moved the car in any way shape or form nor was he ever driving that car in the 1st place.Like I said he GOT A RIDE TO AND FROM THE BAR.
Update 4: Im sorry not everyone has perfectly nice brand new cars...sometimes things dont work. His 1980's Lincoln passenger side front door doesnt lock. And fwi I've had a few cars with 1 or more non-working locks...not everyone has cars made after 1997
14 answers 14