In order to get a DWI, the cops must prove you were operating a motor vehicle while intoxicated. This means if you were sleeping off a buzz in your car, they would have to prove you were operating the vehicle. But, what does operating mean!?
In this situation, we would have to point to case law. In most states, operating a vehicle means having the key in the ignition and/or the vehicle turned on. So, if your keys are on the floor and the car isn’t a push to start, you aren’t breaking any laws.
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