State Rep. Elliott Engen said he was "sober cabbing" an armed Rep. Walter Hudson during DWI arrest, police report says

Minnesota GOP State Rep. Elliott Engen said he was "sober cabbing" Rep. Walter Hudson and another passenger when he was arrested on suspicion of driving while impaired last week, according to a White Bear Lake police report.

Hudson, a Republican who represents Albertville and St. Michael, was carrying a 9mm Smith & Wesson at the time. The report says he has a valid permit to carry license and the gun was taken for safekeeping.

Engen, who is also running for state auditor, was pulled over in a Ford Ranger at around 1:50 a.m. Friday on Fourth Street and Otter Lake Road. The sergeant noticed him traveling 44 mph in a 30 mph zone and saw he had a broken headlight, the report says.

When the sergeant approached Engen, he noticed "odor of an alcoholic beverage coming from inside" and saw Engen's "watery, glassy, and bloodshot" eyes, the report says. Without prompting, Engen told the officer "I'm sober cabbing them," referring to Hudson and the other passenger. He denied drinking any alcohol.

During their conversation, the sergeant said he saw a bottle of alcohol in a child's car seat in the back seat. Hudson said the bottle belonged to him, the police report says.

The sergeant then directed Engen through a field sobriety test in which he failed to follow some of the instructions, the report says. He also provided a preliminary breath test, which reported a value of .142. Minnesota's legal limit is .08.

Engen was then arrested and taken to the White Bear Lake Police Department. A separate officer transported the other two passengers; that's when Hudson said he had a concealed firearm. 

The police report does not say whether officers administered a screening test for Hudson; state law prohibits carrying a firearm with a blood alcohol concentration of .04 or more.

While taking off his handcuffs at the police department, Engen said he "had a drink 3 hours ago," and later said it had been "almost two and a half hours," the report says.

It was 3:05 a.m. when Engen completed a breath test, which registered a result of .13, the report says. Engen requested an additional test because he didn't believe the result was accurate. His attorney, Chris Madel, provided a document to WCCO showing Engen's BAC was .098 and later .092.

In a post-Miranda interview, Engen admitted he had drank two 12-ounce Coors Light beers at the bar between 11 p.m. and 11:30 p.m. 

Former writer with the Minnesota House of Representatives, Brian Basham, said he was working as a food delivery driver Thursday afternoon, when he captured an image of Engen and Hudson drinking at Burger Moe's an hour before the house gaveled in for floor session.

"They finished up a couple of cocktails and got a couple of beers," said Basham. "I'm not opposed to drinking, I am opposed to two representatives who say they're working for Minnesota drinking on a weekday, when they probably should be working."

That afternoon, Engen spoke on the House floor as lawmakers debated a slew of bills. They adjourned around 9:15 p.m.

In response to the police report being released, Engen wrote: "To my family, colleagues and constituents. I am deeply sorry. I strive to be a man of good character, and my actions fell short on Thursday night. I will learn from this. I will do better."

Hudson said in a statement to WCCO that he's grateful no harm was done to others.

"I regret the poor decisions that were made during this incident and commend the White Bear Police Department for their professional response," he said.

Republican House Speaker Lisa Demuth said in a statement that she'll be addressing the incident with both Engen and Hudson.

"The decisions made in this incident were unacceptable and fall short of the expectations I have for conduct of legislators," she said.

Basham said Demuth needs to take action.

"She needs to do something about it," Basham said of Demuth, who is running for governor. "This is her caucus, these are her representatives, these are her employees."

The sergeant said he issued two misdemeanor citations for fourth-degree DWI and alcohol concentration of .13 within two hours, and a petty misdemeanor citation for speeding.

WCCO has reached out to Hudson for comment.