A 49-year-old man is facing his sixth Operating (a motor vehicle) While Under the Influence of an Intoxicant (OWI) charge. In addition to the OWI charge, the Wisconsin resident has also been charged with battery to a law enforcement officer and resisting arrest. A police officer claims the accused injured him during the arrest. Also added to the charges filed against the accused is possession of drug paraphernalia.
According to a police report, the accused was stopped after an officer spotted his vehicle allegedly swerving in and out of the lane and onto the shoulder of the road several times. When the driver was stopped, the officer claims he could smell marijuana and alcohol and the accused appeared to be under the influence. The accused told the officer his vehicle was swerving because he had been on the phone.
The man apparently told the officer he had a small amount of CBD in the vehicle. He also said that the beer bottles on the back seat belonged to someone else. He apparently agreed to a Breathalyzer test which purportedly showed he was under the normal limit of .078% BrAC, but since he had a .02% BrAC restriction placed on him, he was arrested for being over that limit. The officer said the man tried to flee when being arrested during which time he allegedly sprained the wrist of one of the officers.
Facing an OWI charge can be intimidating and stressful and repeated charges can come with potentially serious consequences in Wisconsin. First-time and repeat offenders face mandatory fines and penalties upon conviction. A guilty verdict can also affect employment opportunities, personal credit, the ability to own a firearm and have other consequences. Those charged would do well to speak to an attorney to discuss building the best defense for fighting the charges.