A U.S. Customs and Border Patrol agent from Texas has been charged with Driving While Intoxicated after authorities found him passed out behind the wheel and “covered in vomit” in St. Paul.
According to the arrest report, a Minnesota State Patrol trooper saw a car pulled over on the right side of the road in front of a No Parking sign near Allianz Field. Upon approaching the vehicle, the trooper noticed the individual was “slumped over” in the driver’s seat, with vomit on his lap. Authorities had the 31-year-old driver exit the vehicle, where they noticed he also had bloodshot and watery eyes. Not surprisingly, the driver failed field sobriety tests, but he opted not to provide a breath sample. He was eventually arrested in suspicion of DWI.
Last week, the man went before a judge and was officially charged with third-degree DWI, a gross misdemeanor, and fourth-degree DWI, a misdemeanor. He was released without bail, but is scheduled to return to court on March 24.
“CBP stresses honor and integrity in every aspect of our mission, and the overwhelming majority of CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe,” a Border Protection Station spokesperson said in a statement to the Pioneer Press after learning about the incident.
Smart Move
Obviously the border patrol agent made a number of poor decisions leading up to his arrest, but we do want to highlight one decision he made that could end up being wise on his part so that you can follow suit should you ever end up in a traffic stop of your own. The agent opted not to blow into a breathalyzer device. Why he made that decision is unclear, but the fact of the matter is that this decision prevented more evidence from being collected that could hurt his case.
Given the nature of his arrest and the vomit in his lap, police had enough evidence to book him on suspicion of DWI. It’s almost certain that a breathalyzer test would have only made the man’s intoxication more clear, but remember that you can face upgraded DWI charges in Minnesota if an aggravating factor is present, like if you have a previous DWI, there are minors in the car or you have a BAC above 0.16. It’s possible that the agent had a BAC more than double the legal limit, but this will be harder to prove since he did not submit to a breathalyzer. He’s still been charged with third-degree DWI, which is the upgraded charge, but it will be harder to prove, and it’s possible he’ll be able to accept a plea deal that sees the gross misdemeanor thrown out.
If you’re well over the limit, taking a breathalyzer can hand more evidence to police, so be wary of blowing, but also know that this advice should not be applied to all situations unilaterally. Reach out to a criminal defense lawyer in your area for case-specific advice. For more information, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
