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A man convicted of felony first degree DWI for refusing to submit to a breath test was sentenced Thursday to three and a half years in prison.

David Carroll King, 63, of Sauk Centre, Minnesota, was sentenced in Mower County District Court in a case that dates back to Dec. 20, 2021, when he was arrested in the early morning hours.

He was given credit for 158 days served.

A felony count of first degree DWI, gross misdemeanor charge of driving after cancellation and misdemeanor open bottle were all dismissed.

According to the court complaint, King was observed abruptly veering toward the median then back into the right lane of traffic while traveling eastbound on Interstate 90 by an Austin Police Officer.

The vehicle eventually parked near to where the officer was parked in the median. After approaching the vehicle and making contact, the officer noted that King’s eyes were watery and bloodshot and that he also had slurred speech. The order of alcohol was also noted.

Despite this, King argued that he had not been drinking, but then added that he needed treatment for his drinking problem before admitting that he had had “a lot,” to drink when asked by the officer how much he had.

However, King refused to perform field sobriety tests and was subsequently arrested and transported to the Mower County Jail after discovering that King’s driving status had been canceled as inimical to public safety.

A search of the vehicle also turned up an open bottle of vodka.

At the jail, King also refused to give a breath sample and when asked why he wouldn’t replied, “Because I never have [and] never will.”

A review of King’s criminal history also shows a felony DWI conviction dating back to March 28, 2018.