Alleged drunk Wisconsin driver who nearly hit Harris motorcade has first court appearance

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The allegedly inebriated man driving the wrong way on I-794, who police say narrowly avoided a crash with Vice President Harris’s Motorcade last week was more than three times the legal limit, according to court documents obtained by the Wisconsin Law Journal.

Wayne Wacker preformed a Preliminary Breath Test, which resulted in a reading of .252 BrAC, more than three times the legal 0.08 limit, according to court documents.

Wacker who lives on the 9100 block of West Melvina Street in Milwaukee has been charged by the Milwaukee County District Attorney’s Office with a Class G felony for 2nd-Degree Recklessly Endangering Safety, in addition to the initial OWI, according to court records.

Wacker’s initial appearance occurred on Saturday morning in Milwaukee. His next appearance will be on Oct. 30 at 1:30 p.m.

William R. F. Ackell from the District Attorney’s office is prosecuting the case.

According to court records, Wacker was previously cited for an OWI, and also stood before now Wisconsin Supreme Court Justice Janet Protasiewicz, when she was a circuit court judge for his 2021 divorce.

As previously reported by the Wisconsin Law Journal, it was a close call Monday night for Harris as her motorcade was nearly struck by an alleged drunk driver in Milwaukee, according to the Milwaukee County Sheriff’s Office. The impaired driver was traveling westbound in the eastbound lanes of I-94 in the Marquette Interchange at or around 8:26 p.m. Monday, according to authorities, who noted the driver was a 55-year-old man.

“As it drew closer, Milwaukee County Sheriff’s deputies stopped the SUV, observed an open intoxicant in the vehicle, suspected the driver was impaired, conducted field sobriety tests and took other investigative measures, and ultimately took the driver into custody on recommended charges of Operating While Intoxicated and Recklessly Endangering Safety,” Milwaukee County Sheriff’s Office officials said in a written statement Wednesday to the Wisconsin Law Journal.

The United States Secret Service expressed gratitude for the sheriff’s quick action.

“The U.S. Secret Service is aware of the incident involving a motorist traveling in the opposite direction on the highway while the Vice President was in her motorcade. We are grateful to the Milwaukee County Sheriff’s Office for its response which allowed them to stop the motorist and take the driver into custody for DUI,” said Joe Routh, a spokesperson with the U.S. Secret Service, in a written statement to the Wisconsin Law Journal on Wednesday.

Wisconsin remains the worst state in the nation as far as drunk driving leniency. It also remains the only state in the nation where operating while intoxicated (OWI) is classified as a traffic violation in Wisconsin, rather than a criminal matter for a first offense.

When it comes to drinking and driving, Wisconsin has quite a history.

“On the issue of substance abuse, Wisconsin has long had a problem with impaired drivers. The state Legislature has made some strides in increasing criminal penalties, but more needs to be done. Easy access to illegal drugs is also part of the problem. But in both cases, there is only so much that the criminal law can do to deter impaired drivers,” said Ed Fallone, chair of the Milwaukee Fire and Police Commission, during an interview with the Wisconsin Law Journal in May of 2023.

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Since then, not much has changed.

In 2023, Sen. Chris Larson (D – Milwaukee) had introduced bills for at least the past two legislative sessions that would have made a first-offense driving while under the influence require an ignition interlock device, according to Justin Bielinski, Director of Communications for Sen. Larson.

Bielinski said the bills did not advance because of the Tavern League’s heavy pay-to-play influence over mainly GOP lawmakers.

A Wisconsin Law Journal Investigation last year revealed that the Tavern League of Wisconsin has donated more $685,585 to Wisconsin Republicans and $151,849 to Wisconsin Democrats over the past 3 decades, according to FollowTheMoney.org.