Early New Years day Hamilton police say they arrested a male after he was found passed out in a McDonald's drive-thru.

Police were called to the McDonalds restaurant on Queenston Rd at about 3:50 a.m. on Jan. 1. They were told a vehicle that had stopped in a drive-thru lane hadn’t moved in several minutes.

Police say when they approached the vehicle they found the driver passed out behind the wheel.

The driver was given a roadside test and produced a fail. He was arrested and taken to the station for a breath test where, police say, he gave samples over the legal limit and was charged.

A 26-year-old Hamilton man was released on a ‘Promise to Appear’, facing charges of operation over 80 mg.