Alcohol smell at Duluth gun range leads to arrest for DWI probation violation

Law enforcement claims that a non-military contact employee who works as a guard for the 148th Fighter Wing on the Minnesota National Guard showed up for training at a Duluth, Minnesota firing range Sunday smelling of alcohol. Those at the firing range were preparing for firearms qualifying training. Police reportedly investigated the smell of alcohol, due to a 2011 third-degree DWI conviction. The man reportedly was still on supervised probation for the gross misdemeanor DWI.

Police say that the 54-year-old man admitted to drinking alcohol while en route to the firing range. The man’s probation apparently requires that he abstain from consuming alcohol. Law enforcement arrested the man for an alleged DWI probation violation.

The man reportedly pled guilty to the third-degree DWI and was placed on two years of supervised probation as a part of his DWI sentence. Police apparently used a portable breath testing device to obtain a preliminary breath test. Authorities say that the man registered 0.33 percent BAC on the PBT.

He was taken to jail for the alleged probation violation and was later released.

The Minnesota National Guard says that it will also look into the matter and determine what action it may take against the contract worker after the guard receives a final report from law enforcement.

Supervised probation can involve many terms and conditions for people who have been convicted of DWI in Minnesota. After a conviction of third-degree DWI, supervised probation can often include not only the restrictions on alcohol consumption, but also random testing for alcohol. Failure to abstain from alcohol is a common form of alleged probation violation for any level of a Minnesota DWI conviction.

A person accused of a DWI probation violation could face time behind bars on the violation, even if no new criminal charges are filed associated with the alleged violation. Prosecutors often seek to have the probation revoked and ask the judge to execute the sentence on the original DWI conviction.


  • KBJR Northlands News Center, “148th Security Guard Arrested at Firing Range,” Oct. 25, 2012
  • WDIO-TV Eyewitness News, “Security Guard Arrested at Firing Range,’ Oct. 24, 2012

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

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