DUI (18.2-266) and Refusal (18.2-268.3). Facts of the case: Client fell asleep/passed out at the wheel while stopped at a red light in Old Town Alexandria. Law enforcement responded and removed Client from car. Client refused all fiend sobriety tests, PBT and the Intoxilyzer at the police station. The police report noted at that Client admitted to drinking and had a strong odor of alcohol coming from his person. Additionally, the police report noted that client was "unsteady" on his feet but walked "normally." The police report also indicated that his eyes were "normal" and that my client mumbled.
Disposition: DUI reduced to Reckless Driving Generally (46.2-852). The Refusal was nolle prossed by the Commonwealth's Attorney. Client's license was suspended for 6 months and he had to attend the ASAP program. Client received a fine of $300. No jail time. Client is a Maryland resident so the license suspension does not affect him.