Rochester man accused of blowing 4 times legal blood alcohol limit

(ABC 6 News) – A Rochester man faces his second felony DWI charge, according to the Olmsted County Sheriff’s Office.

Capt. Tim Parkin said that on Saturday, Sept. 2, a deputy driving on Highway 52 near 41st Street NW noticed a blue sedan driving into oncoming traffic around 7:30 p.m.

Parkin said the deputy pulled 49-year-old Peter Nyatuka over, noted that he seemed intoxicated, and allegedly administered a breath test.

Nyatuka blew a 0.34 percent BAC — more than four times the legal limit, the deputy claimed.

Deputies attempted to test Nyatuka at the Adult Detention Center, but he allegedly ceased cooperating after being taken into custody.

According to Parkin, Nyatuka has a prior felony DWI conviction, which Parkin said would make any other DWI charge an automatic felony.

However, the Olmsted County Attorney’s Office has only charged Nyatuka with gross misdemeanor DWI–refusal to test.

ABC 6 News has reached out to the attorney’s office for clarification.