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A Montana man without permanent housing was arrested for his fifth DUI after he was reportedly caught drinking beer while sitting under a tree on private property.

On August 3^rd, a 43-year-old man went to a bar in the unincorporated community of Frenchtown. After he had a few drinks, he reportedly left in a Chevy Malibu and drove to a nearby home with a tree in the yard. He parked in the driveway and got out of the vehicle so he could sit under the tree and enjoy the shade it provided.

When the man was spotted, the authorities were notified, and a deputy with the Missoula County Sheriff’s Office went to the address. It was noted that the car door was open, and the man was still hanging out under the tree. The deputy asked him what was going on, and the man reportedly said he left a nearby bar and then sat under the tree to drink beer in the shade.