On May 24, 2026, at approximately 1:04 A.M., police responded to a domestic assault call on Ivy Avenue in St. Paul, Ramsey County, Minnesota. As police approached the scene, the officer observed a vehicle that matched the description of the vehicle involved in the call with their trunk flailing open. The officer pulled behind the vehicle and activated the squad’s emergency lights to effectuate a traffic stop, but the driver continued driving and made a rolling stop through the stop sign. The officer activated the squad’s emergency siren, but the driver continued driving for two additional blocks before making a slow stop.
As the officer was about to exit the squad car, the driver drove off again. When the driver stopped at a stoplight, the officer again opened the squad door and attempted to get out of the squad car, but the driver drove away again. The officer followed the vehicle with the squad’s emergency lights illuminated and used the siren multiple times. Eventually, the driver stopped and followed the directive of law enforcement to step out of the vehicle. The driver was identified as KOREA HLA – [DOB REDACTED]. HLA was taken into custody and transported to the Ramsey County Jail.
The arresting officer administered field sobriety tests due to the following indicia of impairment: bloodshot eyes, slurred speech, and poor balance. During the Horizontal Gaze Nystagmus test, the officer observed a lack of smooth pursuit, distinct nystagmus at maximum deviation, and an onset of nystagmus prior to 45 degrees. During the walk and turn, HLA did not walk heel to toe several times, HLA made an improper turn, and HLA lost the line when turning back to the starting line. The officer read HLA the Minnesota Breath Test Advisory.
The officer repeated it several times for HLA to understand. HLA asked to call an attorney and was given approximately 25 minutes to do so. HLA told the officer that he would not take the breath test. HLA was repeatedly advised that it was a crime to refuse, and HLA continued to state that he would not take the breath test. Eventually, HLA agreed to take the test. An officer administered two breath tests to HLA using the DMT machine. Throughout the first breath sample of the required two, HLA bit the straw and blew intermittently.
HLA conducted numerous small and short breaths, which resulted in an insufficient volume required for an acceptable sample. HLA was reminded of the instructions and continued to create short breaths or not blow at all. Towards the end of the 180 second mark, HLA was advised that purposefully altering his breath volume could constitute a refusal crime. HLA then submitted a sample, which read 0.19 BAC. On the second breath sample, HLA continued to provide short breaths or no breath at all, which led to a deficient test result.
The officer confirmed that HLA had prior DWI convictions and knew how to comply with the DMT test. The officer conducted a second DMT test due to HLA’s deficient first sample. HLA was given the same instructions as well as multiple reminders. During the first breath sample of the second test, HLA again provided a deficient sample because of short, intermittent breaths. Due to HLA’s behavior, the administrator determined that HLA was purposefully altering his breath volume to affect the machine’s ability to capture an acceptable sample and determined HLA’s behavior constituted a refusal.
