The incident occurred just after 4 p.m. at the intersection of State Street and Highland Avenue.

Bobby D. Tate, 40, has been charged with a DUI first offense, driving without a license, resisting arrest, violation of the implied consent law, and violation of the open container law, according to a Murfreesboro Police Department arrest report.

“A vehicle was attempting to pass me when I observed Tate with an open container of alcohol sitting in between his legs,” Officer Thomas Troutman reported. “I yelled for Tate (to) pull over on the side of the road.”

However, Tate responded he would not pull over, at which point Officer Michael Orred assisted Troutman in stopping the vehicle.

“I concluded my traffic stop and made contact with Orred, who had Tate’s vehicle stopped at State and University streets,” Troutman reported. “I made contact with Tate and observed a strong odor of an intoxicant about his person.”

After failing field sobriety tests, Tate reportedly told police he had consumed alcohol prior to driving, as he was being taken into custody.

During a search of the vehicle, officers found a 40-ounce Natural Ice beer bottle that was half empty, which Tate also admitted to drinking at the time of his arrest, Troutman reported.

After officers transported Tate to the Rutherford County Adult Detention Center for processing, he refused to allow a blood alcohol test to be performed because “he had smoke marijuana a few hours” earlier.

Tate was then booked into the jail and held on a $3,500. He is scheduled to appear Thursday, Aug. 2, in General Sessions Court.