Asleep behind the wheel: “You can’t charge me with DUI, I wasn’t driving”

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30-year-old Philip Roush was arrested and charged with DUI, and violation of the implied consent law, after Metro police found him asleep behind the wheel of his running vehicle. He was ROR’d after being booked.

On November 19th at 3:39 AM, police were called to Westlawn Apartments in Nashville on a car that had been sitting outside for 20 minutes. When police arrived, they found Philip Roush passed out behind the wheel of his running vehicle. When police were able to wake Roush, he put his car into gear and attempted to drive forward. Police told him to put his car in park and he complied.

Philip Roush (MNPD)
Philip Roush (MNPD)

Police noticed that Roush looked intoxicated and they asked him where the keys were. Roush said he did not know where his keys were and that police could help him look in his car for his keys. The keys were found in the back seat, but the car is a remote start that only requires the keys to be inside the car to be started. Roush smelled heavily of alcohol, was unsteady on his feet, and stumbled multiple times walking to the officer’s vehicle. Roush stated multiple times, unsolicited, that police could only charge him with public intoxication and not DUI because he wasn’t driving. Roush refused Standardized Field Sobriety Testing and was read implied consent where he signed refusing to provide a  sample. Roush was then read his Miranda rights at which time he stated he did not wish to speak to officers. 

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Philip Roush is charged with DUI, Implied Consent and was released on his own recognizance.  He is scheduled to appear in court in January.


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