On January 9, 2026, a police officer was dispatched to a restaurant in Apple Valley, Dakota County, Minnesota. The reporting party stated that a male, later identified as NELSON ANTONIO BERHOW- RIVERA [DOB REDACTED], had driven to the restaurant and was intoxicated. The reporting party later provided surveillance footage of BERHOW-RIVERA driving in the parking lot. Upon arrival, the police officer located BERHOW-RIVERA. The police officer detected an odor of consumed alcoholic beverage. BERHOW-RIVERA’s speech was slurred and mumbled.
BERHOW- RIVERA struggled to speak in complete sentences. BERHOW-RIVERA’s eyes were bloodshot, and he swayed as he was standing. A police officer observed BERHOW-RIVERA’s vehicle and saw a partially full bottle of vodka. A record check revealed that BERHOW-RIVERA had multiple prior driving while impaired incidents and had an ignition interlock restriction on his driver’s license. The police officer asked BERHOW-RIVERA to undergo standardized field sobriety tests. During the horizontal gaze nystagmus test, BERHOW-RIVERA showed clues of impairment.
BERHOW-RIVERA was unable to keep his balance during the instruction portion of the walk-and-turn test, and later stated he was unable to perform the test. When asked if he wanted to continue the tests, BERHOW-RIVERA began walking away. The police officer told BERHOW-RIVERA to stop, and he became agitated. BERHOW- RIVERA pulled away from the police officer and continued attempting to walk away. The police officer attempted to place BERHOW-RIVERA’s hands behind his back and he again resisted. The police officer took BERHOW-RIVERA to the ground and arrested him.
BERHOW-RIVERA was transported to the Apple Valley Police Department. A police officer read the Minnesota Breath Test Advisory to BERHOW-RIVERA. The police officer provided BERHOW-RIVERA with time to contact an attorney. BERHOW-RIVERA then declined to submit to the DataMaster breath test. On March 6, 2015, BERHOW-RIVERA was convicted of felony-level driving while impaired in court file no.: ••-CR-••-••••.
