LAS VEGAS (KLAS) — Las Vegas Metro police officers said a man accused of his third DUI was driving around in circles in a hotel parking lot before officers found him asleep. Though charged with his second DUI in months, he was out of custody as of Friday, records the 8 News Now Investigators reviewed said.

Police arrested Milton Hulbert, 50, on a DUI charge, his third in 4 years, around 2:30 a.m. on Dec. 10 in the parking lot of the Westgate Hotel, officers said.

A person called police, saying a driver, later identified as Hulbert, had hit a divider in the parking lot before parking, documents said. Video surveillance later showed Hulbert driving in circles and then parking the car, police said.

Las Vegas Metro police officers responded, finding Hulbert asleep in the car with the door open and the engine running, they said. An officer also spotted a wine glass on the passenger seat with a liquid believed to be wine in it, they said.

Hulbert then woke up and told officers he was not driving the car, police said.

In August, police arrested Hulbert on a DUI charge, what then marked his second in 4 years, near Twain Avenue and Arville Street, documents said. The officer initiated the traffic stop after Hulbert “[failed] to come to a complete stop.”

“The driver… immediately jumped out of the driver’s seat and began to approach my patrol vehicle in an aggressive manner, yelling about my reason for stopping him,” the officer wrote in the report. “I attempted to explain why I had stopped him and [he] continued to yell at me. He then yelled at his friend in the passenger seat and police him to leave the vehicle and take off.”

A scuffle then ensued and the officer and Hulbert “ended up [on] the ground,” the officer said.

Hulbert refused an evidentiary blood draw during both arrests, police said.

In 2018, Hulbert pleaded guilty to a DUI charge out of North Las Vegas, police said.

In August, because prosecutors did not file a criminal complaint in the case, Judge Ann Zimmerman was required to release Hulbert on his own recognizance without setting bail. A criminal complaint also was not filed in the most-recent arrest as of Friday.

Zimmerman ordered Hulbert to stay out of trouble and not use alcohol pending his next court date, records showed.