In a hypothetical case, a woman is drunk, goes to her car, and turns it on in order to charge her phone. A cop then goes to arrest her for drunk driving, however, the car is still in park. Is this woman guilty of drunk driving?
Once she turns it on, she'd technically be guilty of *operating* a vehicle while drunk...and could be charged with drunk driving as a result. I don't think people who sleep in their cars while drunk should be charged though, if it's not actually on.
If I was the cop, I don't think I'd charge her.
But when you as the cop leaves she may start driving. If an accident happens you would not be in a good position.