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ST. CHARLES, Mo. – A police document said St. Charles County Prosecutor Tim Lohmar refused law enforcement drunk driving tests. FOX 2 obtained the report, along with police dispatch notes from his June 30, 2022, arrest.

The details of his recent DUI arrest contained in a search warrant application, indicate his actions could impact his future work as a prosecutor.

The police document stated the prosecutor was pulled over for a DUI stop in a remote area on June 30 on Eagle Crest Rd in Lake Ozark, Missouri.

“A vehicle had gone around a fire truck with emergency lights active into my crash scene,” said a Miller’s County sheriff’s deputy. “Timothy Lohmar attempted to flash a badge at me and I instructed Mr. Lohmar to put his credentials away as it would not affect my decision.”

A court record said the following statement:

“Mr. Lohmar refused to take a PBT (preliminary breath test) and then refused to submit to standardized field sobriety testing.”

FOX 2 legal analyst Chet Pleban reviewed the documents and their legal implications for Lohmar. He said it’s never appropriate to ask for professional courtesy during a DUI stop.

“Now if you come back to his role as a prosecutor, well what would Tim Lohmar do, if a case comes into his office with the same or similar circumstances,” said Lohmar. “Well, Tim Lohmar would prosecute. Tim Lohmar would use the fact that the defendant didn’t take the breath test against him. He would tell the jury that an adverse consequence could be drawn from that behavior.”

Lohmar remains innocent until proven guilty, he has not been charged with the DUI.

Police said they submitted a search warrant application to draw his blood, noting Lohmar’s “apparent lack of balance and slightly slurred speech.” Police dispatch notes said Lohmar was en route for a blood draw exactly two hours and 40 minutes following his refusal to give a breath test.

The blood draw would be tested by the state crime lab, which means it could be weeks before the local Miller County prosecutor has the evidence.

Lohmar faced controversy three years ago, offering a public apology after St. Charles County Judge Erin Burlison filed a harassment complaint against him with police. Missouri Highway Patrol handled the investigation and then after the apology, closed it “out of deference to the victim’s wishes.”

Lohmar had no further comment Friday. In a statement released earlier this week, he maintained he is innocent of any wrongdoing.