Court documents obtained by NEWS9's Maggie Ruper showed that a state trooper pulled Timko over on Oct. 2, 2009 at 1:30 a.m., after he said he spotted him driving erratically and left of center.

A copy of the citation also showed that Timko's blood alcohol level was .183, more than double the legal limit.

Timko was charged with OVI, but still holds his position as police chief.

Mayor Bill Morse said Timko offered to resign but he has instead been assigned other duties, including more paperwork and patrolling the village on foot.

Court documents also revealed that Timko had a prior conviction of driving under the influence in Marshall County, W.Va. According to documents, it was expunged in 2004.

The mayor said he is waiting until a decision is made by the courts on the case to determine Timko's job status.