(La Porte, IN) - A driver is charged with being impaired after running out of gas in La Porte. 26-year-old Matthew Avery was arrested eight days ago.

Police said an officer pulled up after Avery’s vehicle ran out of gas near Burger King on East Lincolnway just after 11 p.m. Avery denied having anything to drink, but he had a blood alcohol level of more than four times the legal limit.

The La Porte area man also had a suspended driver’s license and a prior OWI conviction three years ago. As a result, he could receive as much as a 30-month prison sentence on the level 6 felony OWI charge.