Matthew Acevedo Moreno, 31, of Austin was charged on Tuesday in Mower County District Court with felony violent felon in possession of a firearm and firearm ammunition, gross misdemeanor third-degree DWI-refusal to submit to a chemical test/breath test refusal or failure and misdemeanor fourth-degree DWI.

According to the court complaint, a Minnesota State Trooper observed a 2001 Chevrolet Tahoe speeding near Austin High School at 12:40 a.m. on Sunday. The trooper followed the Tahoe on Oakland and pulled up next to it while the driver, Moreno, was placing an order at the McDonald’s drive thru. The trooper allegedly smelled alcohol and observed that Moreno’s eyes were bloodshot and his speech was slurred.

The trooper initiated a traffic stop and observed a Taurus .38 Special revolver sitting on the top center console within arms reach of Moreno, according to the complaint.

He had Moreno step out of the vehicle and asked him how much he had to drink. Moreno allegedly told him he had six eight-ounce beers four hours earlier, but had not eaten anything. Moreno allegedly failed several field sobriety tests and blew a 0.238 during a preliminary breath test.

The trooper arrested Moreno and searched him, allegedly finding four Winchester .38 Special bullets in his pocket. He removed the revolver from the vehicle and allegedly removed five bullets from the pistol.

While at the Mower County Jail, Moreno did not answer when asked if he would take a breath test, according to the report. When told refusal to take the test was a crime, Moreno allegedly said nothing.

A review of Moreno’s criminal record shows a prior conviction for first-degree arson.

He will appear in court again on April 10.