Kevin Brady charged with DUI in South Dakota

06:34 PM CDT on Tuesday, October 11, 2005

Associated Press

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HOUSTON -- A Republican congressman from southeast Texas has been arrested and charged with driving under the influence in South Dakota.

AP

Woodlands congressman Kevin Brady was charged with DUI while in South Dakota.

A state trooper pulled over U.S. Rep. Kevin Brady, 50, Friday night for a problem with the taillights of his vehicle, Clay County Sheriff Andy Howe said.

After Brady was pulled over, the officer smelled alcohol and a field sobriety test was administered, including a breath test at the scene, South Dakota Highway Patrol Col. Dan Mosteller said Tuesday.

“Based on all of the officer’s observations and the field sobriety test, it was the officer’s conclusion that he was under the influence of alcohol,” Mosteller said.

Brady was arrested. He later refused an additional blood or breath chemical test, Mosteller said. The legal limit in South Dakota is 0.08.

“No one is above the law,” Brady said in a statement Tuesday. “I take full responsibility for my actions, and I am glad law enforcement is doing their job.”

It was homecoming weekend at the University of South Dakota, so officers were on the alert for driving violations including manning sobriety checkpoints, Howe said. Brady, of the Houston suburb of The Woodlands, is a graduate of the University of South Dakota.

If convicted of the misdemeanor charge, Brady faces up to $1,000 fine and a year in jail. A typical penalty for a first offense is $300 to $400, Howe said.

Brady spent Monday and Tuesday in East Texas visiting with residents impacted by Hurricane Rita. The congressman attended town hall-style meetings in Jasper, Newton, Deweyville and Buna on Monday to discuss hurricane recovery. He planned to visit Orange, Vidor, Kountze and Woodville on Tuesday.