None of those cases or the ones I mentioned are actually DUIs. There already laws to deal with the two particular ones you brought up. Open container, public intoxication, perhaps something about pushing a vehicle along a road too. Sure, not as severe as punishment as a DUI, but they would have prevented them from actually driving just the same.
But with the DUI laws now, the government has the ability to punish you for what could have happened, or as others say, for a thought crime.
They make no distiction between actually doing the crime, and could have done the crime. They don’t distiguish between a .08 and a .28 although in reality one is fairly harmless and the other is far beyond impaired. They don’t distiguish between a 4000lb car, a 400lb motorcycle, a wheelchair, a bicycle, or a lawnmower. The punishment is the same and very severe.
Put all these questionable DUIs together that have actually gotten a conviction, and you have a scenario where one could get a DUI for having three beers and pushing or leaning on a bicycle in your driveway.
That would be easy enough with today's dash cams. Res ipsa loquitur.
BAC measurement could certainly be an element of that proof, but ought to be by consent or warrant.