Drunk Woman Falls Asleep in her Vomit Before DUI Arrest

On April 6, 2024 at approximately 4:15 AM, Officer Zachary Styx with the Lake Forest Police Department observed a red 2016 Mazda 6 parked in a public parking spot on the east side of Western Avenue. Since the vehicle did not have overnight parking permission, he exited his patrol car and looked inside the vehicle. He noticed that there was vomit outside of the vehicle and observed a female who was covered in vomit sleeping behind the wheel of the vehicle. The engine was running, indicating that the female had physical control of the vehicle. He knocked on the window repeatedly for several minutes, but she did not immediately awaken.

Officer Styx called for backup and Officer Ashley Molinari arrived on scene a few minutes later. Officer Molinari noticed an open container of Smirnoff vodka inside the vehicle. Another officer arrived a few minutes afterwards, and the officers initially considered breaking the window. However, they ultimately decided to open the door using a vehicle lockout kit. After the door was opened, the officers were able to awaken the female, and she was identified as 21-year-old Akshita.

Akshita seemed incoherent, but told the officers that she did not need an ambulance. She initially told the officers that she had been drinking at The Lantern, but she would later admit to drinking at Authentico Mexican Restaurant & Bar. Officer Styx detected the odor of alcohol and asked her to exit the vehicle and perform field sobriety exercises.

The first field sobriety exercise was the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Officer Styx observed the lack of smooth pursuit and distinct, sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. The second exercise was the Walk and Turn test. During the Walk and Turn test, Akshita did not touch heel-to-toe on each step while turning improperly. The third exercise was the One Leg Stand test. During the One Leg Stand test, Akshita failed to raise her foot in the proper fashion and put her foot down before the test was complete. The final exercise was the recitation of the alphabet from “D” to “M,” but Akshita failed to do so satisfactorily.

Following the field sobriety exercises, Officer Styx offered Akshita an opportunity to take a Preliminary Breath Test (PBT). The results of the PBT indicated a BAC level of 0.22%, which was nearly triple the legal limit of 0.08%. Based on her being in physical control of the vehicle, her admission to consuming alcohol, her inability to adequately perform the field sobriety exercises, and the results of the PBT, Officer Styx placed Akshita under arrest for driving under the influence. After she was handcuffed, Akshita was searched by Officer Molinari and placed in the patrol car.

Akshita was transported by Officer Styx to the Lake Forest Police Department for further processing. At the station, Akshita agreed to submit breath samples for testing Her breath test results indicated a BAC of 0.176%, which was more than double the legal limit of 0.08%.

Following the breathalyzer, they completed their paperwork. After the paperwork was completed and Akshita was photographed and fingerprinted, she was released pending her court appearance on May 24, 2024. Akshita was cited for driving under the influence - alcohol (625 ILCS 5/11-501(a)(2)), driving under the influence - BAC .08 or more (625 ILCS 5/11-501(a)(1)), and illegal transportation of alcohol (625 ILCS 5/11-502(a)).

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