news 4 olivia dejaniero has the story. >> reporter: you can get in the car and start the ignition and not put it in drive. that's what happened after a night of drinking for nevada's richard corio. >> it's not an odd case. it's a case where someone tried to do the right thing. >> he was sitting in the driver's seat, parked on the street. >> it was cold out. he has the engine on. security called police to come >> the person has a .10 or for. it's point 08. >> he said there are eight things that can lead to a dui charge if you're not driving a vehicle. >> a key in the ignition is a significant factor. the engine running is a significant factor. were you intending to drive when you left. were you attempting to operate the moke. those are all factors. there's no set formula to say how they're weighed. >> and there are things you should keep in mind if you're going wait in your car while intoxicated. >> stay out of the driver's seat seat. >> if they sat in the passenger seat and had the car running for the purpose of having the heater on, that probably would not be a dui. but the assembly