When Massachusetts readers hear the term DUI, they may picture a car traveling too fast for conditions, a drowsy driver not paying attention or a car accident caused by recklessness. But what about a driver sitting in a parked vehicle? Recently, a Massachusetts man was arrested for DUI after police suspected that he was parked near a dumpster with the intent to illegally dump trash.

According to the report, the 42-year-old man parked his vehicle next to a dumpster outside a Mexican restaurant shortly before officers approached his vehicle. It is alleged that the man exhibited physical signs of intoxication, as well as being in the possession of numerous cans of beer both opened and sealed. Officers conducted field sobriety tests and a Breathalyzer test, at which point it is alleged that the man’s blood alcohol content level was .36. In Massachusetts, the legal limit is .08.

The man allegedly failed the field sobriety tests leading to the arrest. Officers further assert that there were as many as 40 empty beer cans in the vehicle in total. If the reports are correct, the man was sitting in his parked vehicle when officers approached the driver. Reports have noted that officers did not notice erratic driving prior to the arrest.

In this case, it is unclear whether officers had probable cause to initiate contact with the man now facing DUI charges. As with anyone arrested in the state, this man has the right to challenge the allegations against him before a court of law. One of those challenges may be disputing that the officers did not have probable cause to initiate contact with him before the arrest was made. Reports indicate that this man has already secured representation and is fighting for his rights, which places him at a greater position for securing the best outcome possible for his case.

Source: metrowestdailynews.com, Marlborough man nabbed in Sudbury on third drunk driving charge, Norman Miller, Nov. 30, 2013