Thirty-four-year-old Jose Cruz of Clarksburg is also charged with driving under the influence, driving without headlights and two counts of obstruction.
On Thursday, the Kanawha County Magistrate Court dropped the obstruction and battery charges against Cruz.
Cruz was pulled over by South Charleston police Tuesday for driving without headlights. After failing field sobriety tests, Cruz was taken to the station for a breathalyzer test.
The criminal complaint says that as a patrolman was preparing the machine, Cruz scooted his chair over, lifted his leg, passed gas "loudly" and fanned it toward the officer.
The complaint also says Cruz's gas was "very odorous."
Cruz was also allegedly very uncooperative during the entire arrest process.
Cruz admits passing gas, but said it wasn't aimed at the officer. He also denies being drunk and uncooperative.