A Lake Mills man was charged in Walworth County Court with sixth-offense intoxicated driving.

Elkhorn police said they responded Jan. 6 to a convenience store in Elkhorn for a report of a man, Timothy R. Herian, 58, who was inside and having trouble breathing, according to the criminal complaint filed Sept. 6.

Police said when they arrived Herian could not stay in his chair and was difficult to understand, the complaint states.

Herian later tested positive for cocaine, opiates and other substances in his blood, although he said he had been clean for two days, according to the complaint.

A judge authorized a warrant after Herian did not make his initial appearance Sept. 24, court records show.

Other records show, however, that Herian was sentenced to three years prison on Sept. 27 relating to several cases in Jefferson County Court.

He has previous OWI convictions twice for violations in both 1992 and 1994 and again in 2004.

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