The answer to that DUI question is yes in Tennessee. In Minnesota, Daryl Fleck was convicted of DUI when the car wouldn’t even start. Mr Fleck took his case all the way to the Minnesota Supreme Court which upheld his DUI conviction.
The theory of law where you can be convicted of DUI when parked is called "physical control". Here is what the court and juries look for;
- Where were the keys ?
- Where was the driver located?
- Was the car operable?
- What was the location of the car?