Drunk driver rams into unmarked APD car near Austin Marathon; injures 2 officers

Intoxicated driver plows into APD officers

A man is facing several felony charges after Austin police said he plowed into an unmarked patrol car while intoxicated, and injured two officers.

AUSTIN, Texas - A man is facing several felony charges after Austin police said he plowed into an unmarked patrol car while intoxicated, and injured two officers.

Austin police were working at the Ascension Seton Austin Marathon in the downtown area when the unexpected happened.

According to court documents, around 8:20 a.m. on Sunday, Feb. 18, there were marked and unmarked patrol cars with their emergency lights activated at the intersection of East Oltorf and South Congress Avenue, diverting traffic away from the marathon, when an officer noticed a car driving 50 to 60 miles per hour down South Congress toward them.

24-year-old Diego Ayala Perez is accused of hitting the right front end of an unmarked police unit with two officers inside, injuring both of them.

A criminal attorney not associated with the case weighed in on the incident.

"This one is kind of unusual because it happened during daylight, during a marathon when there were a lot of people around," says Criminal Defense Attorney Rick Flores.

Police say after hitting the patrol car, the suspect lost control, and hit a power pole on South Congress, where he got out of the car and attempted to run.

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"Whenever a person is in an accident, if they hit another vehicle or if there is another party involved, the actual person involved, the person who caused the accident, has a duty to get out render aid, exchange information, and make sure that somebody is OK, and that there isn't any serious injuries that require any medical attention," says Flores.

Perez was arrested. The court documents revealed police did find two empty Buzzballs Chiller alcoholic beverage containers inside of Perez’s car.

"In Texas, if there are open containers in the vehicle, that is another enhancement that prosecutors can add on to the charge. It also makes the case easier for the prosecution to prove because if somebody is driving around with open containers, especially if there is liquid still in there, cool to the touch, police officers often use that as evidence," said Flores.

According to police, he did confess to drinking multiple alcoholic beverages. His PBT, known as the preliminary breath test, was 0.208.

For now, Perez faces a class b misdemeanor for driving while intoxicated and two accident involving injury felony charges.