Deltona, FL- A Deltona man is facing DUI charges after police found him passed out in his running vehicle with a Taco Bell burrito in hand at an intersection in Volusia County.
Daniel Hernandez, 38, apparently had a serious craving for some Taco Bell Monday night but he was so messed up he didn’t get to finish his burrito before passing out behind the wheel at the intersection Courtland Blvd. and Doyle Road.
After grabbing his late night snack, a witness said his driving erratically, weaving in and out of his lane of traffic and briefly ran up onto a curb. According to the Orlando Sentinel, the witness called police about half past midnight after they observed Hernandez sit through several light changes.
When police arrived and paramedics arrived, they found Hernandez sitting in the driver’s seat, grasping a half-eaten burrito, passed out behind the wheel. His foot was still on the brake, but police were concerned the car could start moving and cause and accident
Once police tried rousing Hernandez by tapping on the driver’s side window, but 10 minutes later he was still out. Officers finally broke in the window and turned his car off. Still, it took another two minutes the wake the alleged drunken man.
Police said Hernandez smelled of alcohol, and had bloodshot glassy eyes. He admitted to having drinks that night but said his last one was at 11 p.m. an hour and a half before he passed out at the intersection, Orlando Sentinel reported.
Hernandez wouldn’t submit to a breathalyzer test at first, which is his right in Florida but could have cost him his driver’s license. He finally conceded to the test around 2 a.m., the Sentinel reported, and registered a .173 on one test and a .178 on a second test. His BAC probably would have been much higher had Hernandez agreed to a breathalyzer earlier.
He was booked and charged with misdemeanor DUI, which means if convicted he could spend some more time in jail—though it’s unlikely— possibly lose his driver’s license, and have attend some alcohol education classes.
Hernandez is fortunate that he did not cause an accident or harmed anyone. A misdemeanor DUI shouldn’t be taken lightly and anyone facing this charge needs to contact a Florida DUI attorney to work on their defense.
A DUI conviction remains on an individual’s record for years, and having a criminal record, even a minor one, can affect a person’s education and future job prospects. They can also expect inflated car insurance premiums and will have to shell out close to $10,000 in associated costs when all is said an done.
With an aggressive DUI defense attorney, the charged individual has a greater chance of negotiating for a lesser plea, avoiding a jail sentence and limiting the probation time. It’s never wise to try and deal with a DUI charge alone. Everyone, regardless of how smart they think they are, needs legal counsel when face with these charges.