[KarlInOhio]

If the keys weren’t in the ignition, no breathalizer is warrented.

Not true in Ohio.

http://codes.ohio.gov/orc/4511.194

[Nevermore]

If the keys weren’t in the ignition, no breathalizer is warrented.

Not true in Ohio.

Code you cited indicates that they have to be in the driver's seat to be "in control"; but the story says that they were found together in the back seat.

You may argue about how they got there, but it looks to me like the officer can't charge her for being drunk in the back seat.