The driver of a borrowed vehicle said his passenger stole the car while parked at an Austin gas station last week.

An officer arrested the alleged thief, Hector Alonzo Estrada, 33, of Austin, last Thursday after seeing him driving without a seatbelt. The officer mentioned smelling alcohol, according to a Mower County Court complaint, and gave Estrada several field sobriety tests, which Estrada failed. Estrada also refused to give a breath sample.

After taking Estrada to the jail, the officer learned the original driver reported the car as stolen. The driver said he picked up Estrada because it was cold outside and then stopped at a gas station, according to the court complaint. However, the driver said Estrada took the vehicle after he went inside the gas station.

Estrada was charged Monday with felony vehicle theft, third-degree DWI refusal, fourth-degree DWI and driving after revocation. According to the court complaint, Estrada’s driving privileges have been revoked since 2000. Estrada was convicted of domestic assault and interfering with a 911 call in 2012 and recently pleaded guilty to a felony assault charge in which he kicked his brother in the head for passing gas.

Estrada’s next court appearance is set for April 25.