Police: Indianapolis man was driving son with BAC over four times legal limit

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Mug shot: Arturo Gutierrez

INDIANAPOLIS, Ind. (September 1, 2015) – An Indianapolis man was arrested for OWI after driving over four times the legal limit with his four-year-old son in his car.

On August 31, 2015 at about 5:23 pm, a witness saw a red Toyota swerving between lanes and nearly hitting several other cars. The witness also saw a small child being “thrown around” in the backseat.

The witness followed the Toyota and called 911.

The Toyota parked in a gravel area, just to the northeast of the Chin Evangelical Baptist Church, 5610 South Meridian Street.

When officers did not arrive within ten minutes, the witness called 911 again, and when officers arrived he pointed out the car to them.

As an officer approached the Toyota, it went in motion and drove west, down the gravel to the parking lot of the church.

The officer activated his emergency lights and siren, but the Toyota left the church parking lot and began to travel on Meridian Street,

Finally, the driver parked at an angle, half in road and half in the lot, at Extra Innings.

The driver, later identified as Arturo Gutierrez, immediately opened his door, but the officer told him to stay inside the car.

More officers arrived at the scene, and when they asked Gutierrez to get out he had a hard time standing.

Officers report Gutierrez and the car smelled of an alcoholic beverage.

They helped him out, put him in handcuffs and confirmed that there was a small child in the rear right of the car. The child was identified as Gutierrez’s four-year old son.

They found a bottle of Fireball liquor on the front passenger seat, three bottle caps for beer and a full bottle of beer, which was the same kind as bottle caps, behind driver seat. Gutierrez was very unsteady on his feet and even fell over once when he was leaning against the car. He also had slurred speech.

Officers attempted to conduct field sobriety tests, but Gutierrez was unable to follow instructions.

An officer administered a breathalyzer test, and found that Gutierrez had a BrAC of 0.327.

Officers placed him under arrest for OWI.