Devon Bradley Benke, 25, Greenbush, was sentenced for a felony charge of fifth-degree controlled substance crime – prior conviction – and a gross misdemeanor charge of second-degree DWI – controlled substance.
For the controlled substance charge, Benke was ordered to serve 12 months and one day in prison stayed for three years. He was ordered to complete a chemical assessment. Benke was ordered to enter and successfully complete drug court in Roseau County. He was ordered to complete inpatient treatment and aftercare. Benke was ordered to complete a cognitive skills program. He was ordered to not use or possess firearms, ammunition, or explosives. Benke was ordered to provide a DNA sample. He was also ordered to pay $210 in fees and fines.
For the DWI charge, Benke was ordered to serve one year in prison stayed for three years. That sentence is to be served concurrently with the other charge. He was ordered to pay a $50 fine. With the exception of the conditions related to firearms and a DNA sample, the same conditions apply for this charge.
The charges stemmed from a report to police at about 9:45 p.m. Aug. 4, according to the complaint. An off-duty Minnesota State Patrol lieutenant reported that a driver, later identified as Benke, appeared to be under the influence of a drug while obtaining food in the McDonald’s drive-thru. He later told police that he had also encountered Benke at the Holiday convenience store, where Benke also appeared to be under the influence of something and seemed to be unsteady on his feet. Upon responding to McDonald’s, police watched as Benke drove off of a curb and onto a frontage road.
He was stopped along Highway 59. Benke, who had bloodshot and watery eyes, said he wasn’t wearing his glasses. He soon failed field sobriety tests. Upon being told that police planned to search his vehicle, Benke informed police that they would find methamphetamine and a meth pipe inside.
Police found a pipe and a bag containing a trace amount of meth. A small amount of marijuana and a marijuana pipe were also found. While police waited to obtain a search warrant for a blood or urine sample, Benke admitted smoking meth that day.
He later provided a urine sample. The complaint indicated that Benke had a prior conviction for a controlled substance crime in 2019.
He also had two qualified prior impaired driving incidents within the last 10 years.