Third drunken driving arrest for Swisher man

SWISHER - A Swisher man earned his third drunken driving arrest when he was spotted driving out of a ditch and found to have a high blood alcohol content.

According to the Johnson County Sheriff's Office, around 4:50 p.m. Monday, 38-year-old Benjamin J. Foster was seen driving out of a ditch and into a property in the 1900 block of Plotz Road NW not far from his residence. Authorities said Foster did not respond to emergency lights and sirens and was ordered out of his vehicle at gunpoint.

When deputies spoke with Foster, they noted an 'extreme odor” of alcohol coming from him. Foster also told deputies he had a small amount of marijuana in his pocket, according to the criminal complaint.

Authorities said Foster performed poorly on field sobriety tests and had a blood alcohol content of .326 percent - more than four times the legal limit. Police said Foster has multiple prior drug and drunken driving arrests, including drunken driving arrests in 2007 and 2008. He now faces charges of third offense drunken driving, a Class D felony; and possession of drug paraphernalia, a simple misdemeanor.

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