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WORTHINGTON — A Windom resident is charged with two counts of first-degree DWI, operating a motor vehicle under the influence of alcohol, and refusal to submit to a chemical test, as well as a gross misdemeanor count of driving after license cancellation.
On Nov. 20, a Worthington Police Department officer received a report of a possible intoxicated driver on Minnesota 60. The complainant told dispatch he suggested motorists had pulled over after running out of gas. The complainant suspected the driver to be intoxicated. According to the report the motorist had poor coordination and kept spilling gas while trying to put it in the vehicle.
The vehicle described by the complainant was located at a local gas station. When the vehicle exited the parking lot, the officer observed it had a non-functioning center brake and license plate lights. According to the complaint, the vehicle drifted side to side and went over the center line as it continued on Minnesota 60. A traffic stop was initiated.
The driver was identified as Isidro Encarnacion, 41. According to the report, his eyes appeared bloodshot and glassy, and his speech was slurred. The officer reportedly observed a pack of beer on the floorboard behind Encarnacion, with an open can next to it.
Encarnacion was escorted to the squad car, during which time the officer observed his balance to be poor.
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A review of Encarnacion’s driving record returned as canceled inimical to public safety. Encarnacion did not respond when asked if the officer could check his eyes, and due to Encarnacion’s poor balance and the location of the traffic stop, no further field sobriety testing was attempted.
A preliminary breath test was provided, with a sample that reportedly resulted in .21% BAC. Encarnacion was arrested and transported to the Nobles County Jail.
At the jail, Encarnacion reportedly agreed to take a breath test and provided a first sample that resulted in a .23% BAC. However, he reportedly declined to give a second sample after multiple requests.
He was booked into jail with conditional bail set at $20,000. He is scheduled to make his initial court appearance Dec. 6.
Encarnacion’s record shows four prior impaired driving convictions within the last 10 years.
If convicted, he faces a maximum sentence of seven years in prison and/or a $14,000 fine for each of the felony DWI charges. The maximum penalty for driving after cancellation of license is one year in jail, a $3,000 fine, or both.
Note: This article was written based on information reported by local law enforcement agencies. The Globe reminds readers that all individuals are innocent until proven guilty in a court of law.
