Man's Fart During West Virginia DUI Arrest Earns Assault Charge.

Police add extra charge after WV drunk driving suspect passes gas during fingerprinting.

Jose Cruz was being booked for driving under the influence in West Virginia when he farted on an officer. Police responded by adding assault to the charges.

The arrest report shows that Cruz, 34, was stopped Monday night in West Charleston for driving without his headlights. He failed a field sobriety test and was taken to a police station for booking. He was given a breath test to determine blood alcohol content and was being fingerprinted when he “lifted his leg and passed gas loudly” in the officer’s face. Cruz then fanned the air with his hands and said, “Here, put that in your Breathalyzer”.

The police report complains that the gas was “very odorous and created contact of an insulting or provoking nature.” This lead to the charge of battery on a police officer being added to two counts of obstruction and West Virginia DUI.

Cruz, who has more than a dozen prior arrests, posted bond for the new misdemeanor charges and was released.

Have you been arrested for DUI in WV?