He used his right to remain silent. Until he saw his truck.

The mugshot of Josh Schlabach, 41-year-old Sebastian resident
The mugshot of Josh Schlabach, 41-year-old Sebastian resident

The Indian River County Sheriff’s deputy pulled up on three men sitting next to a ditch Saturday evening. Behind them, in the ditch, a pickup truck sat flipped over on its roof.

One of the men, while sitting in the back of a patrol car, asked: “Is that my truck? I don’t even remember that happening! I am so [messed] up!”

That exclamation came from, the deputy said, 41-year-old Sebastian resident Josh Schlabach, who was charged with misdemeanor DUI with priors. The “priors” refers to a similar DUI impairment charge on which he was convicted in 2006.

Schlabach bonded out Sunday. He served a year in prison from 2004-05 for aggravated assault and resisting an officer with violence.

On Saturday, after the deputy arrived to find Schlabach, Dean Dinatale and Jamie Samuelson plopped down there, he spoke with Samuelson first. The deputy said Samuelson told him the threesome drank at the Florida Craft Brew and Wingfest in Vero Beach. Then they went to a friend’s house and drank some more. That was their last stop before the ditch. Schlabach was driving. Dinatale told the same story.

Schlabach reacted different than his friends did after hearing his right to remain silent.

“He stated he did not wish to speak to me, but he knew he was going to jail for DUI,” the arrest report narrative reads.

The deputy saw bloodshot and watery eyes and smelled alcohol emitting from Schlabach and saw him stumble several times, according to the report.

After he handcuffed Schlabach and seated him in the patrol car, the deputy says he heard Schlabach talk about his truck.

Schlabach was taken to the hospital, where he took a urine sample. It yielded two liters of fluid.

David J. Neal: 305-376-3559, @DavidJNeal