Man charged with DWI after falling asleep in McDonald's drive through

Prior Lake American

A 40-year-old Prior Lake man was charged with fourth-degree DWI in Scott County District Court. He allegedly fell asleep in the drive through lane of the McDonald's on Highway 13, according to court documents.

According to the criminal complaint:

A Prior Lake police officer was dispatched to the McDonald's a little after 1 a.m. on June 30 after an employee called and said a customer had fallen asleep in the drive through and had not moved or taken his food.

The officer approached the vehicle and found the man, Luke Schommer, asleep in the driver's seat with the vehicle running. The officer attempted to talk to Schommer several times before he woke up.

Schommer allegedly gave the officer his key fob after being asked to see his driver's license. The officer said he could smell alcohol.

The officer asked Schommer to get out of the car and perform field sobriety tests, which he allegedly failed. The officer then administered a preliminary breath test, which indicated that his blood alcohol level was .12.

The legal limit in Minnesota in most cases is .08.

Schommer was then arrested for a DWI and driven to the Prior Lake Police Department, where he allegedly agreed to take a breathalyzer test.

At one point, a steady breath showed his blood alcohol content as .12. However, in subsequent tests, Schommer allegedly stopped and started his breaths and breathed out of the sides of his mouth, which the tests count as invalid, and did not provide another long, steady breath.

Schommer was charged with fourth-degree DWI and third-degree refusal to test for a DWI. He could face up to 90 days in jail and/or a $1,000 fine for the first charge and one year in prison and/or a $3,000 fine for the second.