Passed Out Driver Convicted of DUI Third Offense

DA Charme Allen announces that prosecutors in the DUI Unit obtained a conviction against a man with two prior DUI convictions who passed out in his car at a gas station.  Ben Tambo Wasike, 43, was convicted of Driving Under the Influence Third Offense.  Judge Emily Abbott ordered Wasike to wear an alcohol monitoring device and put an ignition interlock device on his vehicle between now and his sentencing date of December 19, where he faces a minimum of one hundred and twenty days in jail.

In a two-day trial, Assistant District Attorneys Caleb Smothers and Mitch Eisenberg explained to the jury that on September 22, 2019, Knoxville Police Department Officer Pittenger was dispatched to the Weigel’s on Lonas Drive in response to a 911 call about a driver passed out in a vehicle.  Once on scene, Ofc. Pittenger located an improperly parked, running vehicle and found Wasike asleep in the driver’s seat.  When Wasike woke up, he had bloodshot eyes, had difficulty opening his glovebox and retrieving his ID, and smelled of alcohol.  Wasike refused to submit to field sobriety tests and denied consuming alcohol, but a mandatory blood draw showed a blood alcohol content of 0.134.

“Refusing to perform field sobriety tests will not exempt you from being held accountable for impaired driving,” said DA Allen.

Wasike has been convicted of two prior DUIs in 2006 and 2016.  DUI Third Offense carries a minimum of one hundred and twenty days in jail with a six-year license revocation.  Additionally, the jury assessed the maximum fine of $10,000.  Assistant Victim Witness Coordinator Lauren Ward and Legal Secretary Jennifer Stout 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.