Police claim Minnesota man facing felony DWI switched seats in pickup

A Minnesota man is facing felony driving while impaired charges and a felony charge for an alleged assault on a jailer after a recent traffic stop. Law enforcement claims the man they accuse of DWI changed seats with his female passenger after pulling over for a traffic stop.

Law enforcement was reportedly responding to a witness tip suggesting the man accused of DWI had been drinking before driving. Police claim they received a tip that a man who was allegedly kicked out of a Mankato bar was drunk and arguing with a woman. The tip alleged that the pair drove off in a pickup truck. A police officer responding to the tip claims he found the pickup while en route to the saloon.

The officer says the pickup was speeding and swerving before he pulled it over. Police claim the vehicle did not immediately pull over when the officer activated his lights and sirens. When the pickup eventually stopped, the officer claims he could see the male driver duck down briefly and then the two occupants of the vehicle allegedly switched seats.

The man accused of driving the pickup before allegedly switching seats reportedly denied that he had been drinking and driving. He allegedly told the officer that the police had no basis to conduct the traffic stop. Nonetheless, the officer says he subjected the man to a preliminary breath test. Law enforcement claims the man failed the PBT and took him into custody on suspicion of DWI.

Law enforcement claims the man was combative and refused to submit to a breath, blood or urine test. In Minnesota, refusing to submit an implied consent alcohol test itself can lead to DWI test refusal charges.

Authorities claim the man has three prior DWI convictions within ten years of the recent arrest; a DWI within ten years of three prior convictions allows prosecutors to bring felony DWI charges under Minnesota law.

Police claim the man remained combative at the jail and allegedly threw his belt while changing into a jail uniform. Authorities claim the belt buckle injured a jailer, leading to a felony assault charge.

Source: Pioneer Press, “New Ulm driver accused of switching seats in DWI case,” Dan Nienaber of the Mankato Free Press, Nov. 11, 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and 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. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

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