(La Porte County, IN) - After a collision heavily damaged his vehicle, a man told La Porte County Police he had two beers. However, the 40-year-old La Porte man is accused of being intoxicated. 

James Smith is charged with Operating While Intoxicated as a Level 6 Felony. Smith struck a utility pole Saturday night on Johnson Road near 500 West. He was still in his car when the vehicle was found disabled in the northbound lane of Johnson Road. The front bumper and headlights were torn entirely from the vehicle.

Smith told officers he had two beers. However, a test revealed an alleged blood alcohol level close to five times the legal limit.

The charge against Smith was upgraded from a misdemeanor because of a prior conviction for OWI in 2016.