Yeah, unfortunately you can get a DWI for pulling over and napping in your car on the side of the road because you didn't feel safe driving. Because they argue how else did you get there if not by driving. And I suppose no one sober would choose to start drinking on the side of the road in a car.

A good challenge to this might be to use an acceptable BAC testing model right out of the box to record your BAC of 0.00, driving to the side of a road police travel by, retesting BAC of 0.00, removing alcohol from trunk, drinking and testing your BAC until an officer arrests you, then using the video and data for visual aids in the jury trial in your defense.

You'll likely still get some fine for being considered to have wasted the states' time & money, and may even lose if you're unattractive and/or arbitrarily considered a public nuissance. But you'd likely be among the most cited case law for cases involving the dumbest college kids (e.g. me, based on how much time I've spent on this).