A California man was recently taken into custody by police in Madera after reportedly falling asleep in a drive-thru lane. Authorities in the area allege that his blood alcohol content measured at .16 percent, which is twice the legal limit of .08 percent. The man also reportedly failed the field sobriety test to which he was subjected.
Sources say the man was in line at a drive-thru at a fast food restaurant when he fell asleep and was not able to be woken up. Witnesses report that he had previously driven through the drive-thru without stopping, and the time he fell asleep marked his second attempt.
Officers say that they had a DUI checkpoint in the area, but the man did not enter it. After being called to the scene, an officer positioned his squad car ahead of the man's vehicle to prevent it from rolling forward. Police emphasized that being behind the wheel in a parking lot or drive-thru is still considered DUI, and an individual may be charged accordingly.
In situations such as these, police may ascertain the BAC of a DUI defendant through chemical testing of his or her blood, breath or urine. However, such testing may not be accurate in all cases. Some individuals facing DUI charges may suffer from medical conditions that could artificially elevate their BAC, and some medical conditions can mimic the symptoms police officers look for to determine whether someone is intoxicated.
Such being the case, it may be possible to undermine the prosecution's evidence in a DUI case. Someone who has been charged with DUI may wish to secure legal representation to review the specifics of their case and aid in their defense. An attorney might be able to assemble evidence needed to negotiate with prosecutors for a reduction or possibly even dismissal of charges.
Source: KTLA, "Suspected DUI driver falls asleep in Central California drive-thru, is arrested," Melissa Pamer, Jan. 19, 2015