An off-duty St. Paul police officer is charged with DWI while twice the legal limit after he crashed into a building last summer, which started a fire.

Prosecutors recently filed two gross misdemeanor counts against Bryan James McKinnon, 40, of St. Paul, in the August incident in St. Paul’s Dayton’s Bluff.

A vehicle crashed into a vacant building on Aug. 1, 2024, in the 700 block of East Third Street. (Courtesy of the St. Paul Fire Department)

The St. Paul City Attorney’s Office initially charged McKinnon with two misdemeanors but then dismissed the case, pending the results of McKinnon’s blood testing after the crash.

Blood samples analyzed by the Minnesota Bureau of Criminal Apprehension showed McKinnon’s blood-alcohol concentration was 0.178, according to a new criminal complaint filed by the Minneapolis City Attorney’s Office, which is handling the case to avoid a potential conflict of interest. The legal limit to drive in Minnesota is .08 BAC.

On Aug. 1 at about 12:15 a.m., a St. Paul officer responded to a crash at Third and Maple streets. A Dodge Durango was crashed into a vacant building and started on fire. The blaze spread to the building and firefighters extinguished it.

The officer realized the Durango was McKinnon’s personal vehicle. He “appeared to be in shock and very distraught about the incident,” the complaint said. McKinnon declined medical attention. A St. Paul police sergeant told the officer to contact the Minnesota State Patrol to assist with a DWI investigation due to the possible conflict of interest.

A state trooper who arrived at 12:51 a.m. noted McKinnon’s eyes were glassy and slightly bloodshot, and he had a slight slur when he spoke, the complaint said. He said he didn’t know how fast he was driving before losing control of his vehicle. The trooper asked McKinnon if he’d had anything to drink and he said two beers.

The trooper conducted field sobriety tests and McKinnon swayed during the one-leg stand test, and lost his balance during the walk and turn test, the complaint said. The trooper asked if he’d submit to a portable breath test and McKinnon declined.

The trooper arrested McKinnon on suspicion of DWI and he was taken to Regions Hospital for a blood draw, for which a warrant was obtained. McKinnon was told of the warrant and that refusal to submit a blood or urine sample was a crime, and he agreed to a blood draw. His blood was taken at 2:25 a.m.

McKinnon continues to be a St. Paul police officer, working in a non-patrol role as the investigation moves forward, according to the St. Paul Police Department.

McKinnon was to be arraigned Tuesday, but the matter was rescheduled. His attorney couldn’t be reached for comment Wednesday.

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