Client’s car breaks down and police find him waiting for tow and ride home. Keys in ignition but vehicle inoperable with only hazard lights activiated. Odor of alcohol and admission to “a couple of beers”. Client arrested following field sobriety tests in frigid night temperatures. Breath test one hour after arrest .08 BAC. Trial on all issues including impairment and whether client can be “driving” inoperable vehicle. DWI complaint dismissed following trial.