Reporting Bill Hudson
BRAHAM, Minn. (WCCO) — A man who’s trained to make arrests for drunken driving is now on the other side of the law, sentenced for his own DUI conviction.
It was on Dec. 11, 2011 at around 2:00 a.m. when passing motorists spotted a car swerving and driving in the wrong lane on State Highway 65 near Braham.
Later, Isanti County deputies discovered Kanabec County Chief Deputy Sheriff Joel Bos, 34, passed out behind the wheel of his family car.
The first deputy on the scene snapped a photograph of Bos passed out behind the wheel. The deputy noticed that he had his foot on the brake and the car was still in drive.
When Deputy Kevin Carlson tried to wake Bos by shining his flashlight and yelling through the locked door, he was unresponsive. That’s when Carlson began pounding on the roof. When Bos heard the noise, he stepped on the accelerator and drove away.
Carlson and a Braham police officer pursued the intoxicated Bos. The squad’s dash camera clearly shows Bos hitting a ditch before finally pulling over, 47 seconds later. After refusing the field sobriety test given to suspected drunk drivers, Bos was cuffed and driven to jail.
The case was handed over to Pine County for prosecution to avoid any conflict of interest.
“To make sure there was no special treatment for one of their officers, that’s why our office was asked to handle the case,” said Assistant County Attorney, Michelle Skubitz.
Despite the fact that he fled the officers, Bos wasn’t charged with the offense. Those investigating the case say the fleeing charge likely wouldn’t stand up in court. There’s confusion as to what his intentions were after being startled awake and first driving off.
“I reviewed the facts and I reviewed the video tapes and I reviewed case law. The facts just did not support the charge in this particular instance,” said Skubitz.
Bos eventually agreed to a plea in the case of fourth-degree driving while impaired. Prosecutors say the deal is consistent with other first time offenders whose blood alcohol level remains under .20.
Under the plea deal, his sentence is consistent with as any 4th degree offender. Bos’ 45 days in jail is stayed provided he remains law abiding and has no similar offenses. He will be on two years of probation. Bos will also have to pay a $400 fine and related court costs and surcharges.
Lastly, he will undergo chemical use assessment, attend an eight-hour program and participate in a Mothers Against Drunk Driving panel, where offenders must listen to the stories of victims of drunk drivers.
Bos remains on administrative leave from the County pending an internal investigation.