Here's a new one on me, but it was bound to happen.  I'm not surprised that this guy was arrested because the officers may not have been able to judge whether he really started drinking after the vehicle was stopped.  But the prosecution's argument that it didn't matter what his BAC level was when he was driving was ludicrous:

A stranded driver has a drink or two while waiting for a tow truck. That's illegal, at least according to prosecutors in Kentucky. However, the Kentucky Supreme Court has overturned the conviction of a man whose blood alcohol concentration (BAC) was measured at .08 an hour after his arrest. Prosecutors argued that it didn't matter what his BAC was when he was driving, so long as it measured above the legal limit within two hours after he left his car. However, the Supreme Court found that its illegal to drive while intoxicated, but it's not illegal to be intoxicated after driving.

Source: Prof. David J. Hanson