The state has made its position clear: Drive home drunk, or risk getting busted for DUI in a non-moving car.
He had to have driven the car to that location, uh....DRUNK.
With the motor running, the drunk was in fact operating a motor vehicle under the influence. I believe it would have different had the man not cranked the pickup.
Was the man sitting behind the wheel? or in the front passenger seat? I suspect that if he had been sitting in the front passenger seat, he might have won his case.
Exactly. If the guy made it home in one piece then nobody would have been the wiser.