Dad found drunk, passed out in running car with 1-year-old son in backseat (Oklahoma City, Oklahoma)

Dad is identified as GABRIEL DE LA CRUZ. Once again, ZERO mention of where the mother was. Was this a custody/visitation situation?

http://www.news9.com/story/18740557/police-okc-dad-found-passed-out-in-running-car-with-child-in-back
Police: OKC Dad Found Drunk, Passed Out In Running Car With Child In Back
Posted: Jun 08, 2012 2:40 PM CDT
Updated: Jun 08, 2012 2:44 PM CDT
By Xin Xin Liu, News9.com

OKLAHOMA CITY - An Oklahoma City father was arrested after he was found passed out behind the wheels of a running car while his 1-year-old son was in the backseat. Police say the man was under the influence of alcohol.

Gabriel De La Cruz, 29, was arrested on charges of child endangerment, possession of marijuana, and being in physical control of a vehicle under the influence of alcohol.

According to the police report, at about 1 a.m. on April 21, officers responded to a 911 call in reference to a person being passed out in a vehicle in the roadway at N.W. 50th Street and Lake Hefner Parkway in Oklahoma City. As officers arrived, they found De La Cruz passed out behind the wheels with his foot on the brake, while the car was still running.

When De La Cruz woke up, police say he had red, watery eyes and was unsteady on his feet. He was slurring his speech, and officers say they did smell an odor of alcoholic beverage on De La Cruz.

A breathalyzer test measured De La Cruz's BAC at .17. The legal limit is .08.

Police then confirmed the vehicle was operable and took De La Cruz into custody. Officers say De La Cruz's 1-year-old son was in the backseat of the vehicle at the time. De La Cruz said he had driven from the area near S.W. 15th Street and Penn. with his son in the car.

Officers say they also found a clear baggy containing a green leafy substance, later identified as marijuana, in a cigarette box in De La Cruz's pocket.

According to police, De La Cruz was convicted of DUI on May 25, 2011.