2.  Each state has a different standard as to what constitutes “driving” in the event you are questioned pursuant to a possible DWI/DUI.

3.  Was the driver awake?  Was the engine running or the ignition on?  Where were the keys?  Where was the driver located?  Were the headlights on?

4.  What time of day or night was it?  Was the vehicle legally parked? On a road?  Was the heater or A/C on?  Were the windows up or down?  What was the defendant’s version of events?

5.  Typically hinges on whether the defendant is found to have “physical control of the vehicle”  See: State v. Rand (Mont. 2014); State v. Lawrence (Tenn. 1993); State v. Yellowman (N.M. Ct. App. 2010)

6.  Typically a more difficult set of facts for the defendant to overcome  But see: Hiegel v. State (Ind. Ct. App. 1989)

7.  Also a difficult set of facts for the defendant to overcome  But see: Mercer v. Department of Motor Vehicles (Cal. 1991), State v. Willard (N.H. 1995)