Thief River Falls: Man Charged After 0.28 DWI Test

THIEF RIVER FALLS, Minn. (trfnews.i234.me) — Shawn Joseph Rushman, 25, of Deer River, faces two charges following an October 3 police call.

Rushman is charged with third-degree DWI and an open bottle violation.

He was arrested after police found him sleeping inside a vehicle, according to the criminal complaint.

The case began at about 12:59 p.m. outside an apartment building on 13th Street West.

Caller Reports Man Sleeping in Vehicle

Police received a report about a man sleeping inside a vehicle outside the apartment building.

The caller told police the man did not live at the property.

An officer arrived and woke Rushman, according to the complaint.

The officer allegedly noticed a strong odor of alcohol while speaking with him.

During the encounter, Rushman allegedly grabbed a bottle of vodka and opened it.

The complaint states the officer asked how much alcohol he had consumed.

Rushman allegedly responded that he wished he had a full bottle.

He declined an initial breath test, according to the complaint.

Officers searched the vehicle during the investigation.

They allegedly found an empty vodka shooter inside.

Police also reportedly found a backpack filled with empty beer cans and vodka bottles.

The complaint does not state how long Rushman had been inside the vehicle.

It also does not describe anyone seeing him drive before police arrived.

Rushman was taken to the Law Enforcement Center after his arrest.

There, he agreed to provide a breath sample, according to the complaint.

The reported result was an alcohol concentration of 0.28.

Rushman was then taken to the Sanford Medical Center Emergency Room.

He was medically cleared before being booked into jail, the complaint states.

Minnesota law treats an alcohol concentration of 0.16 or higher as a DWI aggravating factor.

Third-degree DWI can apply when one aggravating factor is present.

Minnesota’s open bottle law is available under Minnesota Statute 169A.35.

The allegations in a criminal complaint do not establish guilt.

Rushman is presumed innocent unless proven guilty through the court process.

Charges may also be amended, dismissed, or otherwise changed as the case proceeds.

Public court information may be available through Minnesota Court Records Online.

I’m Adrian Cole reporting for TRF News.