You are a police officer in full uniform and you are walking through a park on your beat. You come upon this man, who is asleep on the bench, and when you approach him, you notice that he smells strongly of beer. There is a family about 10 feet away and they are having a picnic and birthday party. The man's wife comes up to you and says that her husband just worked a double shift and although he was tired, she made him come to the family gathering. She says that he has only had "one beer" but he was so tired that they were going to let him nap while they were having their party. The wife stated that he is more tired than drunk and that she will not let him drive. His children and grandchildren then come up to you and greet you and say that they will take care of Grandpa and that he will not drive.

You speak to the man and he is very drowsy. He definitely smells of beer and his eyes are bloodshot and watery.

Do you have any violation of the law here?

If so, what would be the most applicable charge?

Would you arrest? If so, why?

If you would not arrest, why?