The defendant was noticed by a police officer asleep behind the wheel of his vehicle while it was blocking traffic. Officers noticed that the defendant had slurred speech had trouble standing straight, keeping his balance, and had trouble following simple instructions. Police also noted that the defendant continuously went in and out of consciousness and could not keep his eyes open. The defendant admitted to police that he takes Xanax. The police conducted a DUI investigation, and noted that defendant performed poorly on roadside sobriety exercises. The defendant was arrested for DUI. The defendant provided a sample of his breath which was .000. The police then asked the defendant to provide a urine sample but he could not, therefore, police took that as a refusal to provide a urine sample. DUI charge dropped 9-17-07.