New Orleans Saints wide receiver Joe Morgan was found asleep behind the wheel on a freeway early Saturday. After failing a sobriety test, he was arrested for DWI.
Louisiana troopers responded to a report of a disabled vehicle on the Earhart Expressway about 6 a.m. Saturday. After the trooper awoke Morgan and asked him to step out of the car, he was swaying and smelled of alcohol, reports The Times-Picayune.
Although Morgan wasn't driving when law enforcement found the intoxicated football player, he still faces DWI charges.
DWI and Driving Without License
In the Saints WR's DWI arrest, the Louisiana trooper noticed that he seemed visibly intoxicated. A breathalyzer taken from the Saints player while he was in custody registered a blood alcohol content (BAC) of 0.218%.
Louisiana's BAC limit for intoxication is the familiar 0.08%, and Morgan's BAC was more than twice that when he was brought into custody.
Officers also found, upon searching the allegedly intoxicated athlete, that Morgan did not have a valid driver's license, so he was also charged with driving without a license, reports Fox News.
But He Wasn't Driving...
It may seem counterintuitive, but you can get a DUI or DWI if you are parked while intoxicated.
Many states, including Louisiana, consider a person to be operating a motor vehicle if that person has "actual physical control" of the vehicle.
Courts in various states have allowed DUI/DWI convictions when drivers are found sleeping. So Morgan didn't have to be found driving to be in physical control of his vehicle while drunk.
What's Next for Morgan?
The rookie player was released from jail Saturday after posting a $1,150 bond, reports the Associated Press.
Despite being out of jail and awaiting his next court appearance, if Morgan is convicted or pleads guilty to a DWI, he will have his license immediately suspended for one year.
He may need to hitch a ride to his next game.
Related Resources:
- Report: Saints WR Joe Morgan arrested, charged with DWI (CBS Sports)
- DWI Without the Driving? (FindLaw KnowledgeBase)
- Sleep Driving Defense Has Its Limits (FindLaw's California Case Law)
- Per Se DUI Laws (FindLaw)
