• Nicholas J. Herrera, 32, 2210 N. Broadway, New Ulm, was charged with gross misdemeanor second-degree DWI-refuse to submit to chemical test and third-degree DWI Feb. 13. According to court documents, the Brown County Sheriff’s Office received a call about a vehicle in a ditch and a driver acting unusual, possibly impaired, on CR 24, west of Searles at 2:42 p.m. Feb. 10.
The deputy learned the vehicle, a 2010 Ford Fusion, was registered to Jose Herrera of New Ulm, but that Nicholas Herrera said he drove into the ditch. Dispatch ran his name and found he had an active body only warrant out of Le Sueur County and his driving status was suspended.
Herrera admitted consuming 7-9 beers and said he was in the ditch for several hours.
The deputy noticed intoxication signs and learned Herrera was on probation with the Minnesota Dept. of Corrections. He refused to give a breath sample and refused field sobriety tests at the Brown County Jail. The deputy got a search warrant for a blood test signed by a judge. He was convicted of DWI 0.08 within 2 hours on July 8, 2010 in Blue Earth county Court, a qualified, prior impaired-driving incident within 10 years.