Absolutely - but this whole idea of arresting people for moving a car at less than a walking pace is absurd.
OK, lets test that. I'll stand in front of the car being pushed by these two women and that has the dead motor. You stand in front of a car actually being driven by a drunk going 60 mph. I will stick out my hand and stop the car being pushed. You going to do the same? Or is that "different"?
It matters a whole hell of a lot how fast that car is in motion, too.
And the word "motor" written into many drunk driving laws (but not Indiana's, it seems) cannot be ignored - you can't just declare it irrelavent when a legislature goes to the trouble of writing it in there. They don't include words that are meant to have no effect. In states where the law is against driving a motor vehicle while intoxicated, it would necessarily be a different thing from driving a vehicle while intoxicated - IOW, one is illegal, the other isn't. And so if the engine isn't running, then it is not "driving a motor vehicle", it is driving a vehicle.
Dave Head
