In order to have the offense of DUI\DWI the offender must actually be driving the vehicle.

Question

Quizplus · Accepted Answer

The offense of DUI/DWI can occur even if the offender is not physically driving the vehicle. In some cases, the individual may be charged with DUI/DWI if they are in "actual physical control" of the vehicle, even if the vehicle is not in motion. This means that the offender has the ability to start and operate the vehicle, even if they are not currently driving it. The specific definition of "actual physical control" may vary by state.

In Order to Have the Offense of DUI\DWI the Offender