North Dakota House Assistant Majority Leader Scott Louser was charged with a misdemeanor for driving under the influence on April 16.
The charges come a week after Louser was pulled over and arrested by the Highway Patrol.
In an affidavit, the officer said he pulled Louser over because he was swerving between lanes on I94 around 12:47 a.m.
An hour after being pulled over, Louser agreed to take a breath test, which came back at .117.
His initial court appearance is scheduled for May 12.