If you are in the drivers seat of a car and it has the engine running, then you are guilty of DWI if you cannot pass a sobriety test. It does not matter if you could walk home or not. This will not be thrown out of court, and he will miss the championship game and most likely the bowl game, first offense or not. UF president has gone on record saying they have a no tolerance policy. It will be interesting to see what happens. Most likely Dunlap has played his last game as a gator. He would have declared for the NFL after this year anyway.