Drivers in Austin will undoubtedly understand the potential consequences and penalties of an arrest and conviction for driving under the influence. However, there are certain incidents that can result in being charged with DWI even when the driver is not actually driving and the arrest was made because of circumstances. Whether the alleged DWI offenses occurred when a law enforcement officer made a traffic stop or in another situation, it is a key to the outcome of the case to have legal advice from the time of the arrest onward.
A 36-year-old man was placed under arrest for DWI after he was found passed out at the drive-thru of a fast food restaurant. Law enforcement was contacted to investigate a driver who was asleep behind the wheel. When they arrived, the officer found the man still passed out with the engine running. The officers were told that the man had been sitting in the location for around 15 minutes. Officers woke the man and told him to put the vehicle in park, but he went into reverse instead. There was also said to be a strong smell of alcohol coming from the man. He was subsequently arrested.
When there is an arrest for DWI, it is imperative to know how the law views these charges and the manner in which the offense is prosecuted. The law states that for a guilty verdict, it only has to be shown that the person was not capable of driving normally. However, there are certain factors that must be part of the process for the arrest to be valid. The arrest had to have been made according to established protocol; the driver must have been read his or her rights; the testing equipment used to determine the blood alcohol content had to have been in proper working order; and the person who operated the equipment must have been certified in operating it. Any violation of these requirements can help with formulating a defense.
In this case, the man was found asleep behind the wheel of his vehicle and arrested for DWI. A conviction can have numerous penalties including jail time, a fine and a license suspension. With that in mind along with the long-term problems that can accompany DWI, it is wise to craft a defense and do whatever possible to deal with the charges. A legal professional experienced in DWI offenses can help.
Source: keyetv.com, "APD: Drunk man passes out at Jack in the Box drive-thru," Katherine Rodriguez, Dec. 19, 2016