NEW ORLEANS (AP) — Louisiana State Police say a man shot by a state trooper on a tourist-filled New Orleans street had more than five times the legal limit of alcohol in his blood.

A news release Tuesday said 42-year-old Eric Kullander of New Orleans had a blood-alcohol concentration of 0.416%. A level of 0.08% is legal proof of intoxication. A new warrant accuses him of DWI. Earlier charges include aggravated flight from and resisting an officer.

State police have said Kullander was shot Thursday while accelerating toward pedestrians on Bourbon Street after refusing to stop.

Attorney Jeffrey Smith said Wednesday that Kullander was driving very slowly, was not trying to hit anyone, and the trooper overreacted. He says Kullander is in a hospital.

Smith also questions the accuracy of the blood test.

More From 99.9 KTDY