MILACA, Minn. -- Drunken driving charges against Minnesota Vikings executive Mike Kelly should be dropped because police made an improper arrest, his attorney said.

William Mauzy, who represents Kelly on misdemeanor charges of refusing to take a Breathalyzer test and driving while impaired, argued in a court filing Thursday that Kelly's rights were violated because an officer misled him about the consequences of refusing to take a roadside preliminary breath test on Feb. 2.

The officer stopped Kelly for speeding about 2:50 a.m. while the executive vice president was participating in the Arctic Blast, a charity fund-raiser on Lake Mille Lacs sponsored by the Vikings.

Mauzy also argued that Kelly was denied enough opportunity after his arrest to consult with an attorney about whether to take a Breathalyzer test, a more accurate measure of blood-alcohol content and the only test that would be admitted during trial.

The written brief expands on oral arguments heard last week by Mille Lacs County District Judge Steve Ruble.

Ruble will rule on the motion -- and on a separate motion that charges of driving while impaired be dismissed because of alleged misconduct by the prosecutor's office -- after reviewing written arguments.

Prosecutors haven't filed their briefs.

At last week's hearing, Patrick Broberg, a Mille Lacs tribal police officer who arrested Kelly, said he detected alcohol on Kelly's breath and noticed his eyes were bloodshot and speech slurred, so he asked Kelly to take the preliminary test.

Kelly said at the hearing that he told Broberg he hadn't been drinking for some time and thought the test was unnecessary. Broberg said he told Kelly that refusing "would be obstructing the legal process.''

The preliminary test showed a blood-alcohol content of 0.12 percent. The legal limit is 0.10 percent. Kelly never took the Breathalyzer test.

Mauzy argued in his brief that Broberg's observations on Feb. 2 "do not establish probable cause to believe Kelly was driving under the influence of alcohol.'' He said the officer's comments about the consequences of refusing the preliminary test were "actively misleading'' because Kelly had a "complete right'' to refuse, so that result and the charge of refusing to take the Breathalyzer test later should be thrown out.