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The specific charge is "Operating a Motor Vehicle While Impaired". So even if you are not in the car and the engine is not running; you are technically "operating" the car by pushing it, and therefore the charge does apply.

However this may be a little too much of a technicality to hold up in court, more likely they would just charge you with public intoxication or mischief.

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Q: Is pushing your car when your drunk considered drinking and driving?
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