But being stopped in traffic and checking out the iPhone for a way around the mess? Not exactly driving, there. Looks like Fresno is defining a motorist as anyone who merely sits in the driver’s seat.
That's the standard for DUI. In some states, anyway. You can be arrested if parked and asleep if you're even in the front seat. Get in the back and you're ok.
If you can get a DUI without actually driving, but just being in a parked car while intoxicated, this isn't a stretch.
I agree with you olog — this is a stupid move by the cops. But I believe the law would be so ambiguously worded that anyone sitting in the driving seat with the engine on could be considered a “driver of a moving car”