The University of Georgia police arrested a man and charged him with DUI when they found him fixing a flat tire while intoxicated.  The story in the Athens Banner Herald is very brief and there may be additional facts, but I suspect that most first year law students can see the problems with a DUI charge.

There is no indication that the police officers saw the suspect engaged in driving his vehicle.  If the flat tire happened four hours prior to the arrest, and the suspect decided to visit a bar while waiting for road service, there would be a reasonable argument that there is insufficient evidence that he was in actual physical control of the vehicle while intoxicated.

On the other hand, Georgia Courts (and the United States Supreme Court) have given somewhat wide latitude to the police when it comes to arrests arising from driving.  The courts recognize that a driver possesses an means to escape (the vehicle) and that there is a public benefit arising from keeping impaired drivers off the road.

That being said, I think that in this case, a capable DUI defense lawyer should have a reasonable chance at bargaining down the DUI charge to some lesser offense.  Now it does appear that this defendant has other problems than DUI, but, assuming that he kept his mouth shut, the DUI charge seems susceptible to a challenge.