Agreed. This is a drunk in public case, not a DUI. The vehicle code for Nevada should define what operating a motor vehicle is. If he was not operating it, then the charges should be dropped.
Never mind that this is a Dem. This is about whether the laws mean what they say or what a police officer says.
Here in WA state, sitting in the driver’s seat, with car keys in your possession, will get you charged with being in “physical control” of the vehicle. It’s still a serious offense.