Thief River Falls Man Charged After 0.21 DWI Test

THIEF RIVER FALLS, Minn. (trfnews.i234.me) — A Montana man faces a second-degree DWI charge following an October 2 police call in Thief River Falls.

John Loyd Nathanial Emtman, 38, of Missoula, Montana, was arrested after police found him inside an idling vehicle.

The criminal complaint alleges a later breath test showed an alcohol concentration of 0.21.

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

Police Called After Report of Hostile Behavior

Police received the initial call at about 10:15 p.m.

A woman reported that she had asked Emtman to leave her apartment.

She told police he had become hostile, according to the complaint.

She later reported that Emtman was sitting inside his vehicle outside the building.

An officer arrived and allegedly found Emtman inside the parked vehicle.

The vehicle was idling and was parked facing against traffic, the complaint states.

The officer reported observing signs that Emtman may have been impaired.

Complaint Describes Sobriety Tests

Emtman began field sobriety testing but became argumentative, according to the complaint.

He reportedly told officers that he had not been driving.

Emtman declined to complete the field tests.

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

A deputy reportedly found three empty Fireball bottles outside the vehicle.

Emtman allegedly denied that the bottles belonged to him.

The woman told police Emtman had consumed at least four drinks, the complaint states.

A search of the vehicle allegedly uncovered another empty Fireball bottle.

Breath Test Reportedly Shows 0.21

At the Law Enforcement Center, Emtman later agreed to provide a breath sample.

The complaint states the test produced an alcohol concentration of 0.21.

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

The complaint also notes a prior DWI conviction in North Carolina within the past 10 years.

Minnesota law classifies second-degree DWI as a gross misdemeanor when two or more aggravating factors apply.

Readers can review Minnesota Statute 169A.25 and the state’s DWI definitions and aggravating factors.

Charge Remains an Allegation

The allegations in a criminal complaint do not establish guilt.

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

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

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

I’m Adrian Cole reporting for TRF News.