PARK RAPIDS, Minn. (trfnews.i234.me) – A Texas man faces a gross misdemeanor DWI test refusal charge after police allegedly found him asleep behind the wheel at a Park Rapids Burger King.
Investigators reported a preliminary breath test reading of 0.242, more than three times Minnesota’s legal driving limit.
Dylan Paul Gietz, 32, of San Antonio, Texas, is charged with third-degree DWI involving refusal to submit to chemical testing.
Driver Reportedly Found Sleeping at Burger King
According to the criminal complaint, police responded to Burger King around 6:01 p.m. on October 18, 2026.
A caller reported a man who appeared to be passed out inside a vehicle in the restaurant’s drive-thru.
When an officer arrived, Gietz was reportedly asleep behind the steering wheel.
The officer knocked on the passenger window to wake him.
Gietz denied sleeping and insisted nothing was wrong, according to court documents.
The officer noticed bloodshot, watery eyes while speaking with him.
Officer Pushes Vehicle Out of Drive-Thru
During the encounter, Gietz allegedly attempted to shift his vehicle into drive.
The officer ordered him to stop.
According to the complaint, the vehicle was parked too close to the Burger King wall for Gietz to exit normally.
Gietz reportedly refused to crawl across the vehicle and exit through the passenger door.
The officer then placed the vehicle into neutral and pushed it out of the drive-thru.
Gietz exited the vehicle afterward.
Preliminary Breath Test Shows .242
Once outside, officers noticed that Gietz appeared to have difficulty maintaining his balance.
Gietz initially denied consuming alcohol or controlled substances.
He agreed to participate in field sobriety testing.
During the tests, investigators reported several signs of possible impairment.
Gietz allegedly stumbled, stepped off the walking line, and failed to complete the required steps correctly.
During another test, he estimated that 30 seconds had passed after only 16 seconds.
A preliminary breath test reportedly produced an alcohol concentration reading of 0.242.
That reading is approximately three times Minnesota’s standard legal driving limit of 0.08.
Gietz reportedly told officers he had consumed hard liquor the previous night.
Driver Allegedly Refuses Official Breath Test
Officers arrested Gietz and transported him to the Hubbard County Jail.
According to the complaint, he received Minnesota’s required breath test advisory.
Gietz did not contact an attorney and reportedly refused to provide an evidentiary breath sample.
The 0.242 reading came from a preliminary roadside test, not the later evidentiary test he allegedly refused.
Gross Misdemeanor DWI Charge Filed
Gietz faces one gross misdemeanor count under Minnesota Statute 169A.20.
The charge carries a maximum penalty of 364 days in jail, a $3,000 fine, or both.
The criminal complaint states Gietz has no previous qualifying driving incidents.
The case is filed in Hubbard County District Court under number 29-CR-26-967.
The charge remains an allegation. Gietz is presumed innocent unless proven guilty in court.
I’m Adrian Cole reporting for TRF News.
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