COLUMBUS, Ohio (WTVN)--Former Ohio State University cornerback and NFL prospect Bradley Roby has a Friday date in court to answer a charge of operating a vehicle while impaired. 

According to police, Roby, 21, failed a field sobriety test but a breath test showed a blood-alcohol level of .008, less than what's considered legally drunk in Ohio. 

DUI attorney Tim Huey told Newsradio 610 WTVN's Joel Riley that it appears Roby was found passed out behind the wheel of a car parked in the Arena District early Sunday. If so, Huey says, Roby should have been charged with the less serious "physical control offense".

"This is crazy...this is ridiculous, in my opinion", Huey says on word that Roby was charged with operating a vehicle under the influence.

In a statement, Roby's agent noted Roby willingly submitted to a field sobriety and other tests, was fully cooperative with police and was quickly released on his own recognizance.

"We are confident that this matter will be resolved quickly and favorably for Bradley.  However, as the matter is still pending, we cannot comment further at this time", the agent said.