You don’t need to be driving your car to be charged with drunk driving. Recently, in Texas a 20-year-old man was charged with a DWI for allegedly falling asleep at a drive-thru while drunk.
Robert Lee Mahoney charged with driving while intoxicated on in the City of Beaumont in April. His bond was set at $3,000, online jail records showed.
Mahoney was arrested in College Station. A report in the Beaumont Enterprise stated he allegedly fell asleep in a Whataburger drive-thru while intoxicated.
Police learned from the restaurant’s employees that a driver was asleep in their vehicle in the drive-thru.
A report on a local TV station said police showed up and found Mahoney asleep behind the wheel with the engine of the car still running. They knocked on the window, waking him up.
Mahoney allegedly told officers he consumed three beers before getting in his car.
He agreed to a field sobriety test, and was arrested afterward, according to the station KWTX.
The case raises an interesting legal question about whether drivers can be charged with drunk driving if their car is not moving. The answer is yes.
In the Beaumont arrest, the car’s engine was still on. However, a drunk driver can even be charged with a DWI if the car is parked and the engine is not running.
Circumstantial evidence that the car had been moving can be enough to bring a DWI charge.
This evidence could include:
At the Medlin Law Firm, we pursue an aggressive strategy to find out if police followed proper DWI arrest procedures. Some of our strategies include:
Find out more about your experienced Fort Worth DWI defense here. If you have been charged with a DWI, you should act fast, Call us today for a free consultation.