An off duty deputy noticing a car entering and exiting the ditch on Highway 35 near Milltown led to 57-year-old Robert Gore Jr. of Chisago City, Minnesota, to his fourth charge of Operating While Intoxicated (OWI) May 21.
According to the criminal complaint, a patrol officer was advised by radio that an off duty deputy had witness a vehicle navigate off and back onto the road. The officer arrived on scene and approached the vehicle. An open case of beer sat behind the passenger seat, it was approximately half empty, but the officer did not observe any empty cans. A driver’s license identified the driver as Gore.
Allegedly, the officer could smell the odor of intoxicants coming from the vehicle. Gore’s speech was slurred and he admitted drinking. The officer also observed a gash on Gore’s face, which was bleeding and possibly needed stitches. Gore denied EMS attention.
The officer requested Gore step out of his vehicle and advised him he would be transported to Milltown ambulance garage to complete standardized field sobriety tests due to the strong wind and rain. Gore then asked if he could call someone for a ride and be let go, and continued to ask if there was anything he could do to not be arrested and taken to jail.
At the Milltown ambulance garage, EMT advised Gore that he did need stitches. Gore advised them he would take care of it when he got home. He did allow them to clean his wound.
A preliminary breath test produced a result of 0.25. An officer requested an evidentiary chemical test of his blood. Allegedly Gore responded, “F… no.” When asked to clarify if he was refusing the blood test, Gore stated he had already been given a breath test. The officer asked Gore for a yes or no answer to the question, Gore stated he didn’t know what to do and would do whatever he wanted him to do. The officer advised Gore that he could not make that decision for him and that he would give him approximately five minutes to provide a yes or no answer. If he did not respond, it would be considered a refusal. A warrant was eventually granted for a forced blood draw.
According to the complaint, at St. Croix Regional Medical Center Gore became agitated and stated he was not going to allow anyone to take his blood but eventually calmed down and complied.
If convicted Gore faces up to $10,000 in fines and six years imprisonment.