I had been out drinking downtown and went back to my hotel around 2am. I met a guy who I started talking and he said he could get more liquor, so he drove me to a place where he got out and said he would be right back. After 25 minutes I went out the car and started knocking on the house in front of me then I went and sat down in the car again this time in the driver's seat. After 5 minutes the police came and asked me what I was doing with the keys in the ignition? They asked me if I was driving. I said no, and tried to explain that I was just waiting on this guy who drove me there and left me waiting outside. I was not even driving. Can I still get arrested?
Under the facts you have presented, yes, you can be arrested. You need a good lawyer and you need it now. There are some defenses here, but you will need a lawyer to handle them and it will not be cheap - less than the alternative though. A conviction on your record can haunt you for years; cost you your current job, future job opportunities, etc. Fines can be as high as $4000 and surcharges apply for 3 years ($1000-2000 per year), higher insurance too. So, when you think "a Lawyer is too expensive, I can do this" know two things 1) Pro Se Defendants (people who represent themselves) are convicted 99.999% of the time; 2) this is not a game, you do not get to walk in like TV and just tell your side of the story, again, ignore what you have seen in movies, that is not the way it works.
Did you get arrested? If so, then obviously you can get arrested. The police do not have to believe that you were not driving. If the charges are filed, then the State must prove that you were in order to sustain a conviction.
Keys in the ignition is not operating. You have a classic wheel witness defense to a DWI. You need to hire a skilled DWI trial attorney in your area to make this disappear.
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