That's for sure. I wonder if anything else was going on, like the passenger giving BS to the cop. It still would not justify giving him a DUI.
I have problems with cops arresting people for DUI under those circumstances too. If I were the cop, and I found someone safely pulled over, sleeping in the car, in a reasonable place, I'd give them a pass. If they fell asleep at a light, or were parked somewhere they clearly did not belong, that would be different. I think it's better to send a message that if you're drunk and make a mistake, but realize it, you have a safe way out. If you know you're going to get a DUI for going to a rest stop, it really leaves the best option for everyone off the table.