According to the police, they came upon the Defendant who was passed out behind the wheel at a railroad crossing. They made several attempts to wake him up. When he eventually woke up, his foot came off the brake and his car rolled forward in a dangerous manner. The officer noticed that the defendant smelled like alcohol. He also had red, bloodshot eyes and a flushed face. He performed poorly on the roadside exercises. The police placed the Defendant under arrest and requested that he provide a breath sample. He blew a .091 and .085. The attorney investigated the case and prepared for trial. The State dropped all DUI related charges.