[cr1895]

That was just the first one that came up. Critically, it's however the authorities (and it seems to depend on the state) define "operating" the vehicle.

But more to my point, you can still be arrested for DUI while not literally driving/sleeping in the backseat. Given the number of law firm search results that pop up, I'm guessing it's often a way people fight DUIs. So maybe these don't stick.

[DropbearRob]

ok ok, perhaps this was a bad example of being in a situation which is legal but illegal adjacent, because it seems in some cases it is illegal to sleep in your car while drunk, or even being near your car while drunk. but the crux of my argument remains valid. in those cases you've broken the law (past tense) because in this case those scenarios are considered a breach of the law.

My point remains that the role of government is to pass laws, and the role of law enforcement is to enforce those laws by capturing people who break the law. NOT to arrest people who "might" break the law, because that group contains everyone.