DUI reduced to disorderly intoxication
Our client was heading home from work when his car became disabled. He was able to pull into a store parking lot. His car was not running. Keys were inside the vehicle. After falling asleep he was awoken by Deputies who requested he perform Field sobriety exercises. There was empty containers of alcohol in his vehicle. Client performed Field sobriety exercises and was still arrested. Our client refused to provide a breath sample. After review of the evidence, it became apparent that the state would have a problem proving the elements of DUI. Specifically, that he was in immediate control of an automobile. You cannot operate a television if you are asleep in your recliner with the remote on your lap and the television unplugged. After negotiations with the State a resolution was reached which allowed our client to plea to disorderly intoxication with no criminal Drivers License Suspension.