A Florida man was arrested after deputies found him passed out behind the wheel while his car was still in drive. Deputies say he had a blood-alcohol level nearly five times the legal limit.
The Lee County Sheriff’s Office said the incident happened on Oct. 4 around 1:30 p.m. Deputies noticed a vehicle stopped at Littleton Road and N. Cleveland Avenue with the driver slumped over and not moving.
Deputies knocked on the window, but the man wouldn’t wake up. Fearing for the driver’s safety, deputies broke the window to get to him.
Inside, deputies found multiple open and empty beer cans, while the vehicle remained in drive with the driver’s foot on the brake.
Fast Asleep
LCSO identified the driver as Fernando Guillen Delgado.
In the body camera footage released by LCSO, the deputy said he saw Delgado passed out with drool covering his shirt.
The footage shows the deputy breaking the rear window and opening the driver’s window from there. He then repeatedly shakes Delgado in an attempt to wake him up.
Eventually, Delgado wakes up and appears extremely out of it as the deputy tries to get him to respond. He was taken to a hospital for evaluation afterward.
A .377 BAC
LCSO said at 4:15 p.m., Delgado’s blood-alcohol level was measured at .308. About 30 minutes later, another test showed his BAC had increased to .377.
That means his BAC was nearly five times Florida’s legal limit of .08.
Florida law makes it illegal to drive or be in actual physical control of a vehicle with a blood-alcohol level of .08 or higher. A DUI conviction with a BAC of .15 or higher carries enhanced penalties. For a first conviction, the fine can range from $1,000 to $2,000, with up to nine months in jail.
The National Institute on Alcohol Abuse and Alcoholism says high BAC levels can cause loss of consciousness. High BAC can also interfere with brain functions that control breathing, heart rate, and other basic life-support functions. It could lead to permanent brain damage or death.
The Charges
Booking information shows Delgado was booked on Oct. 4 at 8:21 p.m.
Delgado was charged with DUI with a blood-alcohol level of 0.15 or higher and operating a motor vehicle without a valid license.
The two charges carry a combined bond of $1,500, with $1,000 assigned to the DUI charge and $500 assigned to the license charge.
His court date is scheduled for Oct. 19 at 8 a.m. in County Court.
Delgado is presumed innocent unless proven guilty in court.