A Washington State Patrol trooper investigated a serious alleged drunk-driving incident earlier this year, which has now resulted in a felony DUI charge.

SOUTH BEND — A man has been charged with felony driving under the influence eight months after the Pacific County Prosecutor’s Office tossed the same charge for the same incident. The man was involved in a rollover crash on Jan. 25 on State Route 6 around milepost 19 near Frances.

Henry C. Michelbrink, 59, was traveling in a 2005 Jeep Cherokee in the westbound lane when it veered into the eastbound lane and went into the ditch. The vehicle then hit a tree and flipped over.

Michelbrink was rescued from his overturned vehicle by another driver who stopped and broke out a window to get him out.

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A Washington state DUI will be charged as a felony if: (1) a driver has three or more prior DUI-related offenses within 10 years; (2) a driver has a previous conviction for vehicular assault or vehicular homicide while under the influence; or (3) a driver has a previous felony DUI conviction. It is a Class B felony punishable by up to 10 years in prison and a fine of up to $20,000.

—duiwashington.com

The Pacific County Sheriff’s Office, responders from Pacific County Fire District No. 3 (Menlo) and the Raymond Fire Department responded. The Washington State Patrol took over the investigation because it occurred on a state highway.

According to court records, the first deputy on the scene suspected Michelbrink was potentially under the influence. Responders also informed Trooper Thomas Beck that they located a firearm on Michelbrink.

Beck walked through the scene of the crash and discovered beer cans within the crash area.

Michelbrink was transported to Willapa Harbor Hospital with injuries that were not life-threatening and was interviewed at the hospital by Beck. He asserted another person was driving the vehicle and was responsible for the crash and fled the scene.

“Michelbrink states he had been asleep, and Jim was driving,” Beck states in court records. “He stated the next thing he knew, he woke up in water. I asked Michelbrink where they were coming from, to which he stated he did not know.”

“I asked Michelbrink where they were going to, and he stated he did not know. As Michelbrink spoke, I could smell the odor of intoxicants coming from his mouth. His speech was slurred. I observed lacerations on his left arm and observed a laceration on his head. In my experience, these injuries are consistent with driver’s side impacts,” Beck added.

Beck reportedly asked additional questions about the missing “Jim,” to which Michelbrink did not have answers. He did not know how long he had known Jim and said potentially a year and a half.

According to court records, Michelbrink declined medical attention at the hospital and was subsequently arrested for DUI. He allegedly accused the WSP trooper of “lying through his teeth” and, when asked to take a breathalyzer test, told Beck to “shove it up his bright white ass.”

Beck also spoke with the witness who rescued Michelbrink, Kailee R. Lucero, an active deputy coroner at the time, who stumbled upon the crash. She reportedly saw dirt in the roadway and stopped to see if a crash had occurred — and found Michelbrink trapped inside his vehicle.

“Lucero broke out the driver’s side front window to free Michelbrink,” Beck states in court records. “Lucero stated she left the vehicle to get better signal to call the collision in, when Michelbrink stated Jim was driving the vehicle. She looked in the area … and found nobody.”

Beck subsequently applied for and was granted a search warrant for samples of Michelbrink’s blood. The results were released on March 5 and showed his blood alcohol content was .13% about two hours and 43 minutes after the crash.

According to court records, the prosecutor’s office filed the original felony charge on Jan. 26, accusing Michelbrink of felony DUI. He was released on $100,000 bail on Jan. 27 with electronic home monitoring. The case was dismissed on Feb. 2. There was no immediate explanation for the lapse in time before refiling it.