Can I get a DUI if the car was not moving?

A cop arrested me because I was sitting in my car in the parking lot of a restaurant. He gave me a DUI even though I was just sitting there because I was waiting until I knew that I would be OK to drive. My car was on so that I could have my MP3 player and air conditioning on. Is this really legal for the cop to do? What do I need to do now?
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