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NEDERALND — An allegedly intoxicated man who was found asleep at the wheel of a Jeep in the drive thru of a local fast food restaurant was recently indicted for driving while intoxicated, third or more offense.

Nederland Police were called to Whataburger, 3535 Nederland Avenue, for a welfare check at approximately 3:02 a.m. Sept. 1.

The caller said two men were inside the vehicle and the Jeep had damage to the front passenger side.

The caller stated he was behind the Jeep in line and had to go wake the men up. The caller said the men woke up, said thank you and then ran into a dumpster, according to a probable cause affidavit.

Police arrived, and an officer spoke with the person in the driver’s seat, identified as Juan Angel Garcia Jr., 45, of Mission, Texas.

The officer reportedly noted Garcia smelled of alcohol and his eyes were red and glossy.

The officer asked Garcia if he knew why police were there; he kept saying he did nothing wrong. Police had to ask the man several times to get out of the vehicle before he complied. When he did, he was unsteady on his feet, police said.

When the officer began questioning the man about his use of alcohol, he said he wanted a lawyer. He was eventually placed under arrest but refused to perform a breath specimen, stating again he wanted a lawyer.

While at county jail, the arresting officers learned Garcia had two previous DWI convictions, each with guilty pleadings, the document read.

A blood draw was performed on Garcia after police obtained a warrant.

Bond was set at $4,000 and Garcia bonded out Sept. 3, according to information from the Jefferson County Sheriff’s Office.