Former GOP state Senate staffer Michael Brodkorb had a blood-alcohol concentration over the legal limit at the time of a crash last month, according to the Minnesota Highway Patrol.
Brodkorb had a blood-alcohol level of .10, which is above the legal limit of .08.
Authorities have submitted the case to Lilydale City Attorney Tom Lehmann for possible charges.
Brodkorb, 39, was seriously injured one evening last month when his Subaru wagon crashed into the base of a bridge on Interstate 35E and was ejected from his car. He was taken to Regions Hospital in St. Paul, where he was treated for several days.
Brodkorb has not commented publicly since the crash.
The longtime GOP operative lost his job as a powerful Senate communications chief late in 2011 after then Senate Majority Leader Amy Koch admitted publicly that the two were having an affair.
She stepped aside and then Brodkorb was fired.
He filed a wrongful termination lawsuit against the Senate, which is still working its way through the courts.
Brodkorb could not immediately be reached for comment.