On December 15, police were called to 26th Street and Lyndale Avenue in Minneapolis and saw that two parked cars that Day had hit.
Day, who has been with the party since 2011, told police that he was "driving straight down the road and that someone had jumped out at him causing him to strike the parked vehicles." He also told police that he was coming from a holiday party at which he had a few glasses of wine.
He failed field sobriety tests and was placed under arrest, police said. According to the statement of probable cause, a test revealed he had an alcohol concentration of 0.19, well above the 0.08 legal limit.
Police also said that Day, 37, had previously pled guilty of driving while under the influence in 2009.
He was charged with Second and Third Degree DWI. Each of the gross misdemeanors carry a possible maximum sentence of 1 year in prison and a $3,000 fine.
Day did not return phone calls or emails on Friday.
A Duluth native who just barely lost Virginia's GOP gubernatorial primary said that politicians have not gone far enough in condemning the left for violence during a rally of white nationalists in Charlottesville. "I think that the left is going to try to use this as an excuse to crack down on conservative free speech," said Corey Stewart. "I think they're going to try to use this as an excuse to remove more historical monuments."