Legal Question in DUI Law in New York

Absolutely. Operation is one of the required elements for a dwi. While there are presumptions of operation that can be made (eg., if the keys were in the ignition and you were sitting in the driver's seat), there has to be some tie-in to make the charge stick..

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Intent to move the vehicle may be enough. If the keys are in the ignition, the motor is running a d the inference can be made that you were either previously moving or about to move the vehicle a charge may be brought. That however is different than proving beyond a reasonable doubt that you "operated" the vehicle.