The Purcellville Police Department testified in court that when they arrived on scene, they found Shortt's pupils dilated and he was acting unsteady on his feet. They conducted tests on Shortt, and found Benadryl, a standard allergy medicine, and Ambien, a prescription sleep aid, in his system. After those test results came back, police arrested Shortt for driving under the influence of drugs in Virginia.
Shortt has tried to fight this conviction by arguing that he had a prescription for Ambien and that he did not think that taking the prescribed dosage would cause him to sleep-drive or be intoxicated. His case was recently being heard in front of a three-judge Appeals Court panel in Virginia.
This November 2010, the judicial panel rejected Shortt's sleep driving argument and upheld the conviction that Shortt was driving under the influence of drugs.