Roseau County: Warroad Man Charged After Refusing DWI Test
Roseau County (trfnews.i234.me) — A Warroad man is facing a gross misdemeanor DWI charge after allegedly refusing to take a breath test following a traffic-related investigation outside a local gas station, according to court documents filed in Roseau County District Court.
Daniel Dawan Phothirath, 38, of Warroad, is charged with third-degree DWI – refusal to submit to chemical testing in connection with an incident on the evening of October 9, 2025. The charge carries a maximum penalty of up to 364 days in jail and a $3,000 fine.
According to the complaint, a Warroad Police Officer responded to a report of a possible stolen white 2024 Chevrolet Malibu at the Holiday West gas station. Upon arrival, a store employee pointed out a Malibu parked on the west side of the building, which was believed to be the vehicle in question. Inside the store, Officer made contact with Phothirath, who claimed the car belonged to him.
While speaking with Phothirath, the Officer noticed a strong smell of alcohol, slurred speech, and bloodshot, watery eyes. Phothirath appeared confused about where his car was parked. Video surveillance showed him arriving at the gas station, parking the car, and walking into the store alone — contradicting his statement that the vehicle had been stolen.
Phothirath told the officer he had been drinking at Izzy’s bar from about 3:30 p.m. to 6:30 p.m., admitting he had consumed shots of alcohol. He consented to perform field sobriety tests, but according to the report, he had trouble following instructions. The officer noted visible swaying during the horizontal gaze nystagmus test and terminated both the walk-and-turn and one-leg stand tests due to Phothirath’s confusion.
When asked to take a preliminary breath test, Phothirath declined. He was arrested for suspected DWI and transported to the Roseau County Jail. There, Officer Buckentin read him the breath test advisory, but Phothirath refused testing, reportedly stating, “My breath is stinky.” He was then booked into jail.
Refusing a chemical test in Minnesota is treated as a serious offense under the state’s implied consent law. Individuals who refuse testing can face the same or greater penalties as those convicted of driving with a blood alcohol content above the legal limit.
For more information about Minnesota’s DWI laws and implied consent rules, visit the Minnesota Office of Traffic Safety.
I’m Chris Harper reporting for TRF News.
