Man on probation caught speeding and drunk with toddler in the backseat

A warrant with a $1,500 cash-only bond has been issued for the arrest of Dylan Burke, 27, of Gainesville, in connection with a felony-level charge of driving while intoxicated as a persistent offender, meaning he has had at least two other DWI-related convictions before. Court documents show he was convicted of driving while intoxicated on Nov. 28, 2023, and again on April 9, 2024. 

According to the probable cause statement, prepared by Missouri State Highway Patrol Tpr. C. Edens, at 1:25 p.m. Oct. 3, the officer was observing two vehicles heading eastbound on Highway 160 in Gainesville, when a silver pickup passed the other vehicle that was traveling 55 miles per hour. He clocked the pickup’s speed at 85 miles per hour, 30 miles over the posted speed limit of 55 miles per hour on that road. Edens activated his emergency equipment and initiated a traffic stop on the truck. The driver pulled into the eastbound shoulder of the roadway and stopped east of the Gainesville Elementary School. 

“I approached the vehicle and contacted the white male driver and advised him of the reason for the stop. He was identified as Dylan Burke. Dylan appeared very nervous and was speaking slowly and slurring his words. I also noticed his eyes appeared glassy,” the trooper wrote in his report. “I asked Dylan why he was going so fast, and he reported he was trying to get his daughter back to grandma’s house. During this time, I began to smell the odor of intoxicants coming from his breath. The vehicle had three other occupants, two adult females and one minor child. I obtained driver’s licenses from all adult occupants.”

Eden ran a computer check on Burke, and it showed that he was on probation. When the trooper returned to the vehicle, he asked Burke if he had anything illegal in the truck. He reportedly said there was alcohol in the vehicle. The back seat passenger told the officer it was her alcohol and that she had been drinking it. Edens asked Burke if he would consent to a search. He said he couldn’t say no because he was on probation, so the officer could go ahead and search the vehicle.

“I had all occupants exit the vehicle and stand a short distance away in the shade. While searching the vehicle, I discovered numerous small containers throughout the vehicle. The center console had numerous empty containers as well as the passenger side floorboard. There was also a package of small shooters that had been opened on the floorboard as well,” Edens noted. 

The officer asked Burke if he had anything to drink. He reportedly said that he hadn’t drank anything and only his wife had been drinking. Edens said he needed to be sure he hadn’t been drinking, and Burke said “maybe a little bit.”

Burke submitted a preliminary breath test, which showed that his blood alcohol content was .155 percent. The legal limit for drivers in Missouri is .08 percent. Edens performed field sobriety tests on Burke away from the other individuals, and while he was conducting them he could smell the “very strong” odor of intoxicants on his breath, the report says. 

Edens placed him under arrest, handcuffed him and placed him in his patrol vehicle to transport to the Ozark County Jail. “Dylan’s demeanor was very inconsistent. He would cry very dramatically, then become silent and belch. I asked Dylan if he was going to throw up, and he indicated he would not,” Edens said in his report. 

At 2 p.m. they arrived at the sheriff’s office, and Burke submitted to a breath test, which showed a .159 percent blood alcohol content. He was cited by the officer and placed on a 12-hour hold at the Ozark County Jail. He was issued a court appearance at 9 a.m. Dec. 10. 

“Due to the negligent action of the father driving intoxicated and excess speeding and the mother being intoxicated and willfully allowing the child in the vehicle, a hotline report to Child Services was made for the safety and well-being of the 3-year-old child in the vehicle,” Edens wrote.