Paul D. Garay, 55, has racked up his 20th drunken-driving offense but will not face a felony charge for the DUI arrest on Christmas Eve.

Instead, Garay will face revocation proceedings over a drug charge. However, because only two of those prior DWI convictions occurred within the last 10 years, his most recent arrest cannot be charged as a felony. In Minnesota, it takes four convictions in a decade to elevate the charge to a felony.

With only a gross misdemeanor for the arrest, District Judge Mary Hannon focused on the parole violation to hold Garay.

Garay’s blood alcohol concentration was .16 percent – twice the legal limit for driving.

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