2009AP1990-CR State v. Sowatzke

By: dmc-admin//May 31, 2010//

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Motor Vehicles
OWI; prior convictions

Where a defendant had two prior OWI convictions on the date of the offense, and his BAC was .048, the state could not amend the charge to operating with a prohibited BAC based on a conviction for OWI that occurred after the date of the offense.

"Sowatzke had two countable OWI 'convictions, suspensions or Revocations' (i.e., he had two OWI convictions) at the time he was arrested on May 9; he had a BAC of 0.048 percent at the time he was arrested on May 9; his legal BAC limit was 0.08 percent at the time he was arrested on May 9. Accordingly, the State could not properly charge him with a PAC based on his May 9 arrest. The circuit court properly dismissed the charge of fourth offense PAC."

Affirmed.

Recommended for publication in the official reports.

2009AP1990-CR State v. Sowatzke

Dist. II, Waukesha County, Congdon, J., Anderson, J.

Attorneys: For Appellant: Osborne, Kevin M., Waukesha; Weber, Gregory M., Madison; For Respondent: Walter, Andrew R., Elkhorn

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