John Loyd Nathanial Emtman, 38, of Missoula, Montana, was arrested after police found him inside an idling vehicle.<\/p>\n
The criminal complaint alleges a later breath test showed an alcohol concentration of 0.21.<\/p>\n
Emtman is charged with second-degree DWI involving two or more aggravating factors.<\/p>\n
Police Called After Report of Hostile Behavior<\/h2>\n
Police received the initial call at about 10:15 p.m.<\/p>\n
A woman reported that she had asked Emtman to leave her apartment.<\/p>\n
She told police he had become hostile, according to the complaint.<\/p>\n
She later reported that Emtman was sitting inside his vehicle outside the building.<\/p>\n
An officer arrived and allegedly found Emtman inside the parked vehicle.<\/p>\n
The vehicle was idling and was parked facing against traffic, the complaint states.<\/p>\n
The officer reported observing signs that Emtman may have been impaired.<\/p>\n
Complaint Describes Sobriety Tests<\/h2>\n
Emtman began field sobriety testing but became argumentative, according to the complaint.<\/p>\n
He reportedly told officers that he had not been driving.<\/p>\n
Emtman declined to complete the field tests.<\/p>\n
He also declined an initial preliminary breath test, according to the complaint.<\/p>\n
A deputy reportedly found three empty Fireball bottles outside the vehicle.<\/p>\n
Emtman allegedly denied that the bottles belonged to him.<\/p>\n
The woman told police Emtman had consumed at least four drinks, the complaint states.<\/p>\n
A search of the vehicle allegedly uncovered another empty Fireball bottle.<\/p>\n
Breath Test Reportedly Shows 0.21<\/h2>\n
At the Law Enforcement Center, Emtman later agreed to provide a breath sample.<\/p>\n
The complaint states the test produced an alcohol concentration of 0.21.<\/p>\n
Minnesota considers an alcohol concentration of 0.16 or higher an aggravating DWI factor.<\/p>\n
The complaint also notes a prior DWI conviction in North Carolina within the past 10 years.<\/p>\n
Minnesota law classifies second-degree DWI as a gross misdemeanor when two or more aggravating factors apply.<\/p>\n
Readers can review Minnesota Statute 169A.25<\/a> and the state’s DWI definitions and aggravating factors<\/a>.<\/p>\n The allegations in a criminal complaint do not establish guilt.<\/p>\n Emtman is presumed innocent unless proven guilty through the court process.<\/p>\n Charges may also be changed, dismissed, or otherwise resolved as the case proceeds.<\/p>\n Public court information may be available through Minnesota Court Records Online<\/a>.<\/p>\n I’m Adrian Cole reporting for TRF News<\/a>.<\/p>\nCharge Remains an Allegation<\/h2>\n
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