MINNEAPOLIS (WCCO) — A 27-year-old White Bear Lake man faces charges after he allegedly drunkenly drove into a ditch, had sex there with a female passenger, and spit on a deputy attempting to arrest him, according to the Ramsey County Attorney’s Office.

Alan Krueger is charged with one felony count of fourth-degree assault and one gross misdemeanor count of DWI with a refusal to submit to chemical test in connection to the Jan. 16 incident.

According to the criminal complaint, at 2:20 a.m. on Jan. 16, a nurse returning home from work encountered a Honda Civic facing the wrong way in a ditch on Otter Lake Road in White Bear Township. She approached the vehicle, which was running with lights on, and looked inside. Inside, she saw the driver and a young woman engaging in sexual acts. Both of the occupants did not acknowledge her when she knocked on the car.

The nurse then called police because she was concerned the woman was too drunk to consent to sex. While on the phone, the driver, later identified as Krueger, approached her car and asked if he could get a ride. She refused and said someone was coming to help, and he returned to his car with an unsteady gait, according to the complaint.

Ramsey County Sheriff’s deputies responded and made contact with the occupants of the Civic, which is registered to Krueger. They say the woman had a strong odor of alcohol coming from her, and also had vomit on her leg. There was also vomit on the passenger side floor. She had difficulty answering questions and was arranged to be taken home by her brother.

When Krueger was asked to step out of the vehicle, deputies said he had a hard time maintaining his balance, and that his eyes were watery and his speech slurred. Deputies asked him how much he had to drink, to which he responded, “you tell me.” He then said he was going to go home, and when asked where home was he again responded, “you tell me.”

After failing standard field sobriety tests, Krueger was asked to provide a preliminary breath test sample. Before that, deputies told him to form a tight seal with his lips on the straw and to blow hard. To that, Krueger responded, “that’s what she said.”

He didn’t comply and gave short breaths. He was then arrested for a DWI, the complaint said.

According to the complaint, Krueger resisted efforts to arrest him and, in addition to swearing and making lewd comments a deputies, he also tried lunging at one of the deputies. He’s also accused of spitting on one of the deputies.

If convicted of the assault charge, Krueger could face up to 3 years in prison and/or a $3,000 fine.