Man arrested after passing out in drive-thru

By Abby Morris
Star Staff
amorris@starhq.com

   A 37-year-old man was arrested and charged with DUI and multiple drug-related offenses after he reportedly passed out behind the wheel of his vehicle Friday night while it was sitting in a city restaurant's drive-thru lane.
   David Mack Whaley, 149 Little Stoney Creek Rd., was arrested Friday night and charged with fourth offense DUI, driving on a revoked license, violation of the vehicle registration law, violation of the financial responsibility law, violation of the implied consent law, possession of Schedule IV narcotics for resale, possession of Schedule VI narcotics and two counts of possession of Schedule IV narcotics.
   Officers of the Elizabethton Police Department were dispatched to the parking lot of Taco John's, located on Broad Street, at approximately 9:40 p.m. on Friday on a report of a white Honda Civic sitting in the drive-thru with the driver passed out.
   According to a report by EPD Ptl. Joy Shoun, officers approached the vehicle and spoke with the driver, who was later identified as Whaley. "Officers immediately detected a strong odor of an alcoholic beverage and the smell of marijuana smoke coming from the driver's person and vehicle," Shoun states in her report.
   When officers asked Whaley for his driver,s license and proof of insurance, he advised the officers that he did not have a license or insurance, according to Shoun's report. After checking the vehicle's registration, the tag came back registered to another vehicle.
   "Mr. Whaley stated to (me) that it was a dead tag, and he had borrowed the Honda for the evening and he had just stuck the tag on it," Shoun states in her report. "While officers spoke to Mr. Whaley his speech was deliberate and slurred. His eyes were also glassy and heavy lidded."
   At that time, Shoun asked Whaley to perform a series of field sobriety tests which he performed poorly, according to reports. Whaley was then placed into custody for DUI, violation of the vehicle registration law and violation of the financial responsibility law.
   "While performing a search of Mr. Whaley's person officers located a small plastic baggie in his front pants pocket containing various pills. The pills were later identified as five (tablets of) Soma, 10 (tablets of) Ativan and 25 (tablets of) Xanax," Shoun states in her report. "During the inventory of Mr. Whaley's vehicle officers located two small marijuana cigarettes in the ash tray of the car."
   At that time, Whaley was advised of the Tennessee Implied Consent law and asked to submit to a chemical blood test, which he refused to take. Whaley was then additionally charged with violation of the implied consent law, possession of Schedule IV narcotics for resale, two counts of possession of Schedule IV narcotics and one count of possession of Schedule VI narcotics.
   He was transported to the Carter County Jail where he was also served with an outstanding capias charging him with failure to appear in court.