A man who police say was asleep inside of his silver sedan was taken into custody for suspicion of drunk driving on Jan. 18. Authorities say that the man was making his second trip through a restaurant drive-thru when he fell sleep with his foot on the brake pedal. A police cruiser was positioned in front of the man's car to ensure that it could not roll while he slept.
After he woke up, police had him take field sobriety tests, which he reportedly performed poorly on. According to authorities, he had a blood alcohol content of .16 percent, or twice the legal limit in California. Although there was a DUI checkpoint in the area that evening, police said that he never went through that checkpoint. In a statement made on Facebook, authorities stressed that it was illegal to be intoxicated while behind the wheel even in a parking lot.
Those who have been charged with DUI may wish to hire a criminal defense attorney to help dispute the charge. If convicted, a driver may face penalties such as a fine, a license revocation and jail time. Community service and probation are other possible penalties that a driver may face.
An attorney may be able to help negotiate a plea bargain or ask for charges to be dropped. This may be done by showing that the driver was suffering from a serious medical condition or that a device used to measure the driver's BAC was malfunctioning when the test was taken. If a driver is stopped going through a checkpoint, it may be possible to dispute the legality of the checkpoint and any evidence obtained there.
Source: "Suspected DUI Driver Falls Asleep in Central California Drive-Thru, Is Arrested," Melissa Pamer, Jan. 19, 2015