A Kenosha man is accused of carrying marijuana with him while being arrested for drunk driving at a Mount Pleasant gas station.

Benjamin F. Malacara, 56, was charged in Racine County Circuit Court Thursday with one count of possession of THC, which is the active ingredient in marijuana, and one count of obstructing an officer. If convicted, he faces up to 27 months in prison and $20,000 in fines.

According to the criminal complaint:

On Oct. 31, a woman called the Mount Pleasant Police Department to report a possible drunk driver after she saw Malacara in a pickup truck behind her and tailgating her and nearly hitting her. Malacara then pulled into a gas station in the 2300 block of Racine Street, where he got out of the truck and began to pump gas.

An officer arrived at the station and saw Malacara pumping gas and bracing himself against the side of the truck. After he was done, the officer asked him to walk over by him, which Malacara did.

Malacara staggered over to the officer and said he had been drinking and was on his way home. When asked how much, Malacara replied, “it depends a little bit.”

Malacara was placed under arrest for operating while intoxicated and while being searched, the officer found a baggie of marijuana.

He’s currently being held in Racine County Jail on a $500 signature bond while awaiting trial.