Pennington County: Man Charged After 0.26 DWI Test

PENNINGTON COUNTY, Minn. (trfnews.i234.me) — An Otsego man faces a second-degree DWI charge following a traffic stop on Highway 59 North.

Brian Jeffrey Culkins, 64, was arrested after the stop on October 4.

The traffic stop occurred at about 8:58 p.m., according to the criminal complaint.

Culkins is charged with second-degree DWI involving two or more aggravating factors.

Deputy Reports Signs of Impairment

A Pennington County sheriff’s deputy performed the traffic stop along Highway 59 North.

The complaint states the deputy noticed signs that Culkins may have been impaired.

Culkins then participated in field sobriety testing.

According to the complaint, he failed the field sobriety tests.

A preliminary breath test was then administered.

The complaint lists the preliminary result at 0.20.

A later breath test produced a reported alcohol concentration of 0.26, according to the complaint.

Minnesota law considers an alcohol concentration of 0.16 or higher an aggravating DWI factor.

The complaint also lists a prior DWI conviction involving Culkins.

That conviction occurred in 2022, according to the court filing.

A qualifying impaired-driving incident within the previous 10 years can also count as an aggravating factor.

Those two alleged factors form the basis for the listed second-degree DWI charge.

Minnesota law classifies second-degree DWI as a gross misdemeanor.

Two or more aggravating factors can elevate an impaired-driving allegation to second-degree DWI.

Readers can review Minnesota Statute 169A.25 for second-degree DWI provisions.

Definitions of DWI aggravating factors are available under Minnesota Statute 169A.03.

The allegations contained in a criminal complaint do not establish guilt.

Culkins 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.