OURAY COUNTY, Colo. — Ouray County Sheriff Lance Fitzgerald was arrested last Wednesday for suspicion of driving under the influence of alcohol, according to an affidavit from the Ouray County Sheriff's Office.
Fitzgerald, 54, had been out drinking at a couple of locations — the Colorado Boy in Ouray and the FullTilt Saloon in Ridgway — with his girlfriend, 40-year-old Jamie Johnson, before they got into an altercation and left, according to the affidavit.
A deputy later responded to Fitzgerald's residence after he called the deputy directly to report that Johnson had allegedly punched him in the side of the face while they were driving along County Road 5 in Ouray County, the affidavit says.
Ouray County is about 323 driving miles southwest of Denver.
According to the affidavit, Fitzgerald admitted he had been drinking when the deputy arrived, and the deputy noted that Fitzgerald had a small cut across the bridge of his nose and that the right side of his nose piece was bent in towards the glasses.
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When the deputy contacted Johnson, she denied that she had struck Fitzgerald, and said he got the cut from "throwing his arms around while they were fighting," the affidavit says.
Johnson was placed into custody, and while transporting her to jail, the deputy called the undersheriff to explain the situation and ask if he could return to conduct roadside tests on Fitzgerald, since Johnson said he had been driving all night, according to the affidavit.
When the deputy returned to Fitzgerald's home after dropping off Johnson at the Ridgway Marshal's Office, the affidavit says Fitzgerald would not consent to "do some voluntary physical movements."
Fitzgerald was placed into custody, and he agreed to do a breath test while being transported to the Montrose County Jail, according to the affidavit.
His blood alcohol was .133%, the affidavit says. The legal blood alcohol content for DUI is 0.08%.
Fitzgerald was charged with DUI and his bond was set at $750. According to VineLink, Fitzgerald is no longer in custody.
Fitzgerald did not respond to 9NEWS' inquiries for comment in time for publication.
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