Republican DWI stop takes a turn as gun found on drunk passenger — also GOP lawmaker: cops

When Rep. Elliott Engen, R-White Bear Lake, was arrested on suspicion of driving while impaired early Friday, one passenger in his care was Rep. Walter Hudson, who was also impaired and in possession of a 9 mm Smith & Wesson handgun in his waistband, which police confiscated for safe keeping, according to the Engen arrest report released Monday.

Around 2:11 a.m., a police officer through dispatch called for backup because a passenger in a DUI stop possessed a firearm. The officer confirmed that the passenger also appeared impaired.

“Just took a firearm off one of the passengers. He’s more than compliant,” a White Bear officer said over dispatch.

The Engen arrest report states that Hudson informed police that he was carrying a concealed firearm.

In a statement to the Reformer, Hudson said he made “poor decisions.”

“I regret the poor decisions that were made during this incident, and commend the White Bear Police Department for their professional response. I’m grateful that no harm was done to ourselves and others,” the Albertville Republican said.

Engen declined to comment about his passengers.

“I’m owning it. I screwed up, and I’m willing to take the blame and have this make me better in the long run because of it,” Engen told the Reformer. “I don’t drink often. I don’t keep it in the house. But when I do it doesn’t mix well with me.”

House Speaker Lisa Demuth, R-Cold Spring, released a statement to the Reformer about the incident: “The decisions made in this incident were unacceptable and fall short of the expectations I have for conduct of legislators. I will be addressing this directly with both members involved.”

Engen is also a candidate for state auditor. A leading Democratic-Farmer-Labor candidate for state auditor, Rep. Dan Wolgamott of St. Cloud, has also been cited for impaired driving.

According to the White Bear Lake Police report, a sergeant was on patrol early Friday morning and saw a Ford truck driving 44 miles per hour in a 30 mph zone. He pulled the driver over.

“As soon as I got to the vehicle, I could smell the odor of an alcoholic beverage coming from inside. Engen’s eyes were watery, glassy, and bloodshot. Without being asked, Engen stated, ‘I’m sober cabbing them,’ referring to the two passengers in the vehicle,” the report states.

Engen repeatedly denied to the officer that he had been drinking. Engen’s clothing appeared disheveled, the officer stated.

In the rear of the car, police found a bottle of alcohol in a child’s car seat. Hudson said it was his bottle, according to the Engen arrest report.

The sergeant conducted a field sobriety test on Engen; the preliminary breath test reported Engen had a .142 blood alcohol concentration. The officer placed him under arrest for DWI. While looking through Engen’s wallet, the sergeant found his Minnesota House ID card.

Engen was arrested and said that both of his passengers had been drinking. It’s unclear who the second passenger was. Engen was brought to the White Bear Police Department, according to the report.

Another officer searched Engen’s passengers for weapons before driving them to the police station, the report states.

After handing over his weapon, Hudson showed the officer a valid license and his concealed permit-to-carry. Hudson’s firearm, magazines and holster were confiscated, according to the report.

Hudson could face a misdemeanor for carrying a firearm while intoxicated. An officer may require a person with a permit to carry to submit to a screening test to determine how intoxicated they are, but it’s unclear whether White Bear officers did so in this case.

As of 2:30 p.m. Monday, Hudson had not been charged with a crime related to the Engen arrest.

Permit-to-carry holders are allowed to have a blood alcohol concentration of .04 or lower while carrying. Anything over a .04 is a mandatory suspension of the permit for six months. If a permit to carry holder has a blood alcohol concentration above .10, then their permit is revoked and they cannot reapply for one year after conviction.

At the police station, officers gave Engen another screening test and there he blew a .13 blood alcohol concentration. The legal limit is .08.

After reading Engen his Miranda rights, he admitted to the officers that he drank before driving — two 12-ounce Coors Light beers at White Bear Bar, the report states. Engen said he drank them between 11 p.m. and 11:30 p.m. and didn’t believe the alcohol would affect his driving capabilities, the report states.

Engen was charged with two misdemeanors — a fourth-degree DWI and a fourth-degree DUI.

Roughly 12 hours before the arrest, Hudson and Engen were spotted at a local bar watching the Twins’ opening day game, though both later appeared at an evening House floor session.

Minnesota Reformer is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Minnesota Reformer maintains editorial independence. Contact Editor J. Patrick Coolican for questions: [email protected].