Police officer stops to investigate a vehicle that he sees parked on side of road with lights on. Driver is asleep behind wheel with music playing but car is not running. Officer requires several minutes to wake driver. He then notes an odor of alcohol and red/glassy eyes. Driver exits upon request and is cleared medically by EMTs. Driver is 4/6 on HGN, passes the Walk and Turn Test and Passes the One Leg Stand Test. He refuses post arrest breath test and becomes belligerent and argumentative in booking refusing to sign documents. Defense prepared to argue shelter defense, as client was left at scene in car by his sister who was drove to that location and he did not know where he was or whether he should drive. DUI Charge Dismissed prior to trial..