The Court will consider the following factors in deciding whether a person was "operating" a motor vehicle in the DWI context: (i) Whether the person in the vehicle was awake, (ii) Whether the motor was running, (iii) Whether the keys were in the ignition, (iv) The location of the vehicle and how it got there, and (v) Whether the person intended to move the vehicle.
For the most part, a motor vehicle is every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. This does not include electrically-driven mobility assistance devices operated or driven by a person with a disability. Don't be the guy that drives his lawn mower to the corner store drunk.
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