OT-
There was the guy here in Oregon that got a DUI while pushing a broken down motorcycle over to a friends house so they could work on it. He had been drinking, but isn't DUI Driving Under the Influence?
Or the cases of people getting a DUI while sleeping in their car, after drinking and presumably driving, but because their keys were in the passenger compartment they are presumed guilty, rather than presumed innocent.
Lots of similar cases of DUI arrests.
What you're dealing with is the laws on the books and how they are written. The laws usually refer to "operating" a vehicle as well.
It sounds like a stretch at first glance, but pushing a vehicle on a public roadway could be classified as "operating" a vehicle.
Parked with the key in the ignition...that might look like "operating" under the law as well.
There are lots of things you can do legally while sober that are illegal to do when intoxicated, and for good reasons.
The charge might have been Drunk in Public if he was not pushing a vehicle...he can fight the charge...I would.
