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Law enforcement authorities charged a St. Louis man with driving while intoxicated after finding him asleep in his car behind the wheel. The man was reportedly found by police on Oct. 8, 2015, asleep at the wheel at the intersection of Old Halls Ferry Road and Netherton Drive in North St. Louis County. He was taken into custody at that time.

According to officers, the man has been charged with DWI as a persistent offender since he had two previous DWI convictions. His blood alcohol concentration reportedly came back at .255, more than three times the DUI limit. The officer who found the man reported that he smelled like alcohol and had bloodshot eyes.

Police stated that the man did not pass field sobriety tests that were administered to him, and he was taken into custody. Law enforcement officers then searched his vehicle and reportedly found empty bottles of alcohol, drug paraphernalia and marijuana in the car. In addition to the DWI count, he is also facing charges for possession of marijuana and possession of drug paraphernalia.

If people are asleep in the driver's seat behind the wheel of their car, police may charge them with driving while intoxicated even if the officer doesn't observe them driving before approaching the car. The issue will be whether the person could drive the car. A criminal defense attorney may review evidence to see where in the car the client was sleeping, where the car was parked and whether or not the keys were in the ignition. This is important for determining whether or not the defendant had actual physical control of the vehicle. If the defendant did not, the attorney may try to get the charges dismissed.

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