Police: Man charged with 5th DUI after reportedly found with syringe in arm

A Delaware man has been arrested and charged with his fifth DUI after an incident late Saturday. 

The incident occurred at approximately 10:24 p.m. on Dec. 26 when Delaware State Police troopers responded to a Walmart at Rehoboth Mall Boulevard, Rehoboth Beach, for a subject passed out inside of his vehicle with a syringe in his arm. 

Before troopers arrived, Benjamin Buckley, 35, had already driven away. Troopers then went to his address and found Buckley in the driver seat with the ignition on. 

When troopers made contact with Buckley, they observed signs of impairment and an odor of marijuana was detected emitting from the vehicle.

A DUI investigation ensued and a computer inquiry revealed Buckley had four previous DUI convictions.

A subsequent probable cause search of the vehicle led to the discovery of approximately 3.42 grams of marijuana, approximately .33 grams of crack cocaine, approximately .56 grams of heroin, 4 Buprenorphine Hydrochloride pills, and 1 Gabapentin pill.

Buckley was taken into custody without incident and taken into custody where he was charged with the following offenses: 5th Offense DUI-alcohol (felony), Possession of a Controlled Substance – 3 counts, Possession of a Prescription Drug without a Prescription, Possession of Marijuana, Possession of Drug Paraphernalia, and Failure to Have Insurance Identification in Possession. 

Buckley was arraigned and committed to Sussex Correctional Institution.