Driver Found Asleep in Vehicle Convicted of DUI
DA Charme Allen announces that prosecutors in the DUI Unit obtained a conviction against an impaired driver who fell asleep in his running vehicle in the middle of a neighborhood. Girish Dhirubhai Desai, 60, was convicted of Driving Under the Influence. Senior Judge D. Kelly Thomas set the case for sentencing on June 18.
In a two-day trial, Assistant District Attorneys Mitch Eisenberg and Caleb Smothers explained to the jury that on September 7, 2023, Ofc. Alex Van Buren of the Knox County Sheriff’s Office responded to a 911 call about a white Toyota Tundra “driving belligerently” and looping around the neighborhood multiple times. Once in that neighborhood off Dante Road, Officers located Desai asleep in the driver’s seat of a running, white Toyota Tundra in the middle of the street. Desai woke up when officers knocked on the window. Officers could smell alcohol, and Desai struggled to figure out how to turn the lights off on his vehicle. Desai had bloodshot, watery eyes and was unsteady on his feet. He stated that he had consumed two beers but refused to consent to a blood alcohol test. At trial, the defense argued that Desai was suffering from a diabetic episode, but the jury returned a guilty verdict after less than twenty minutes of deliberation.
“We are continuing to aggressively prosecute DUI cases because impaired driving can have such a devastating effect,” said DA Allen. “You cannot avoid responsibility by refusing to submit to a blood draw. If you were intoxicated, we will take you to trial and seek a conviction.”
Driving Under the Influence is a Class A Misdemeanor that carries a maximum punishment up to eleven months and twenty-nine days in jail. The mandatory minimum for a DUI First Offense is forty-eight hours in custody with DUI School and a license revocation of one year. In addition to returning a guilty verdict, the jury also assessed a fine of $1000. At sentencing, prosecutors will seek an enhanced sentence based on Desai’s previous arrests where he also refused field sobriety and blood alcohol tests and based on ignition interlock violations while awaiting trial in this case. Assistant Victim Witness Coordinators Jennifer Stout and Lauren Ward aided in the prosecution of this case.
If you have any questions, please contact Sean McDermott at 865-215-2515 or Sean.McDermott@knoxcounty.org. For more information about the District Attorney’s Office, visit our website at dag.knoxcountytn.gov and follow us on Facebook and Twitter.