FOX 21 News, KQDS-DT

DULUTH - A man whose job is to prosecute criminal activity was accused of it himself Thursday after DWI charges were filed against him in St. Louis County Court.

Seven counts were included in the complaint against Carlton County Attorney Thom Pertler.

The complaint, along with arrest report, provided more details about Tuesday's incident.

According to the documents, calls from concerned drivers tipped police off to Pertler, whose car was spotted "swerving over the lane lines" while driving south on Highway 61 from Knife River around 12:30 p.m. Tuesday.

Pertler was pulled over on Hwy. 61 near 61st Ave. East.

According to the officer's accounts in the report, he saw a nearly-empty bottle of vodka in Pertler's passenger seat.

It continued to explain that Pertler was uncooperative with breath tests by giving "too weak" of breaths.

One of those samples considered too small came in a .234 level.

Once in custody, police say Pertler continued giving small breaths and "deficient samples."

However, after police started booking him for third degree refusal, the document said Pertler "finally gave a sample of .32”, or four times the legal limit.

After that sample, Pertler continued smaller, deficient breaths into the device.

Officials in the City Attorney's office said two regular tests are required for police to charge based on breath tests.

The report also details Pertler's conflicting stories of where he was going on Tuesday.

Pertler first said he going to Duluth from his home in Cloquet, then from Duluth to Duluth, and then he said he believed he was on Hwy. 53 going from Cloquet to Menards in Hermantown to get paint.

Pertler is charged with a gross misdemeanor for refusing chemical tests.

The six other charges, including driving while impaired, are misdemeanors.

Based on the fact that it would be Pertler's first DWI, it is likely he will not serve any jail time.

Pertler is out on $3,000 bail and is set for his first court appearance on Aug. 16.

Pertler did not return messages requesting a comment Thursday.

FOX 21's calls to the Carlton County Attorney's Office regarding Pertler's working status were transferred to the County Coordinator's office, and those messages were not returned.

Messages left at Pertler’s home were also not returned.