FACTS: The Defendant was observed by a witness passed out behind the wheel of his car in a Publix parking lot. His head was down with his chin hitting his chest. After hitting the drivers door and hitting the window several times, the driver could not be woken up. The car was running and the Defendant’s hand was on the shifter. When the Police arrived, the Defendant was woken up and he admitted to drinking 5 or 6 beers. When asked to perform roadside exercises, he refused and was arrested for Driving Under the Influence. He was taken to the Breath Alcohol Testing Facility where he refused to submit to a lawful test of his breath. The State declined to file charges for Driving Under the Influence.