Plea reduces OWI charge
EAU CLAIRE — The defendant in a 2021 OWI case was sentenced Tuesday to a reduced charge and received an 18-month prison sentence.
David Harris, 58, Fairchild, faced charges of OWI-7, operating a motor vehicle with a prohibited alcohol concentration (seventh offense) and bail jumping. The agreement with prosecutors saw the charge amended to an OWI-6, to which he pleaded no contest. Other charges were dismissed but read in.
The initial 18 months in prison is followed by 36 months' extended supervision. He must also pay more than $600 in fines and costs, as well as have an ignition interlock device installed in his vehicle for 36 months.
According to the criminal complaint, Harris was stopped in October 2021 after a patrol officer spotted him driving on Farwell Street without headlights. The officer flashed his lights, but pulled Harris over after that didn't prompt him to turn on his.
Harris smelled of alcohol and had difficulty opening the car door after the stop. At one point the officer had to grab his arm to keep Harris from tumbling over. Harris refused field sobriety tests and, when asked about a breath test, 'refused pushing the PBT away.'
Wisconsin law designates it as an implied consent state. The law says anyone who drives in a public area 'is deemed to have given consent to one or more tests of his or her breath, blood or urine,' to determine whether intoxicants are present. Refusal can trigger a one-year revocation of a driver's license and required installation of an ignition interlock device.
In this case, the officer took Harris to have his blood drawn. That test showed a concentration of .385, more than four times the legal limit and 19 times the limit imposed on drivers after a third OWI.
As the case proceeded, the defense sought to attack one of Harris' previous OWI convictions. The defense contended Harris did not have legal representation when he entered a guilty plea, but no record or transcript of the hearing could be found.
The court denied the motion, saying that since another court ruling 'something more than 'I do not recall' is necessary' to establish a plea was entered without full knowledge of the ramifications. The judge also questioned Harris' inability to recall the steps of the plea when contrasted with his clear recall that he had been without an attorney.
The first two charges against Harris are self-explanatory. The bail jumping charge was added because he was facing an OWI case in Trempealeau County at the time of his arrest.
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