38-year-old James Dasher was sleeping behind the wheel of his car near Beechwood Avenue and 12th Avenue South on September 9th. Responding officers met with NFD personnel at a Beechwood Avenue residence, where medics had spoken with Dasher. Medics advised that Dasher refused transportation and medical assistance. When the police approached the driver’s seat, they spoke with Dasher. Officers noted that he reeked of alcohol and showed signs of impairment. Dasher said he drank at around 9 in the morning but would not disclose how much.
Then, officers instructed him to exit the vehicle and prompted him with sobriety tests. Dasher consented and performed poorly on the tests. After this, police detained Dasher. Under Miranda, Dasher continued telling them he had drunk alcohol in the morning without saying the amount. Dasher was informed of implied consent and agreed to provide a breath sample. The sample resulted in a .227% BAC, nearly three times the legal limit of 0.08. Dasher was taken into custody for driving under the influence-2nd offense.