Video: Fla. cop drives drunk in patrol car with open beer, police say

The officer's BAC level was more than four times the legal limit

By Abigail Hasebroock
Orlando Sentinel

EUSTIS, Fla. — An Apopka Police Department officer was arrested on Monday evening for driving under the influence after he was pulled over while swerving in his agency-issued vehicle with an open beer in his cup holder, according to an arrest report.

The neighboring Eustis Police Department responded to a complaint about a reckless driver around 6 p.m. According to the caller, the driver, who was in an APD-issued car, couldn’t stay in his lane along U.S. Highway 441.

EPD officers asked the driver, who they later identified as APD Officer Oscar Mayorga, if he was OK and if he could pull over. Mayorga did not stop right away, according to the arrest report.

Once Mayorga pulled over, an EPD officer found him wearing his uniform inside the police car, which had an open beer can in the center cupholder.

According to the arrest report, Mayorga told EPD officers through slurred speech that he was on his way to work. He also told them that he was prone to seizures and didn’t feel well, complaining of chest pains.

EPD officers said Mayorga’s breath smelled strongly of alcohol, but according to the arrest report, he initially told them he hadn’t had any alcohol that day. Instead, he said he’d taken three Benadryl pills a few hours before.

EPD officers asked Mayorga to get out of the car and, when he did, he “staggered out” and had to rely on the car door for support, according to the arrest report. The officers took away his weapons and led him to a sidewalk, with Mayorga struggling to stay balanced and almost falling several times as he walked.

Mayorga told EPD officers he didn’t need medical attention, but according to the arrest report, the officers called in Lake County Emergency Management Services. Once they arrived, Mayorga laid down on a stretcher and told EMS he’d had three “tall boys,” or 24-ounce cans, of alcohol that day, according to the arrest report.

Mayorga signed a refusal form to not be taken to the hospital, the arrest report said. When EPD officers asked him about the three tall boys, he said he’d had three cans of Modelo beer around 4 p.m. that day, but he said the empty beer can in the police car was from several days before, the report said.

According to the arrest report, Mayorga refused to take a standard field sobriety test, so officers took him to the Police Department where they took two samples of his breath.

Mayorga’s blood-alcohol level was almost 0.4, which is more than four times the legal 0.08 limit.

According to the arrest report, Mayorga was taken to Lake County Jail with a bond of $1,000.

Mayorga has been with APD for five years and works with the uniform patrol division. Initially, APD Sgt. Kim Walsh said in a press release that Mayorga was on paid administrative leave, but in an update on Tuesday afternoon, Walsh said Mayorga would be suspended without pay.

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