What is the test for a jury to find a defendant not guilty of driving under the influence of alcohol?

These instructions made clear beyond doubt that appellant was not guilty of driving under the influence of alcohol if he was not actually engaged in driving a vehicle at the time his abilities were impaired. In finding for the prosecution, the jury thus necessarily concluded that he was under the influence of alcohol at the time he drove the vehicle into and upon the gas station property. (Cf. People v. Turner, supra, 50 Cal.3d at pp. 690-691, 268 Cal.Rptr. 706, 789 P.2d 887.) The error was harmless.