Driver on a booze run faces felony drunken driving charge

Port man parked SUV in middle of street, stumbled into store, stole vodka, according to complaint
By 
BILL SCHANEN IV
Ozaukee Press staff

A 40-year-old man accused of parking his SUV in the middle of a Port Washington street, stumbling into a grocery store and stealing a bottle of vodka was charged last week in Ozaukee County Circuit Court with fourth-offense drunken driving.

In addition to the felony charge, Port Washington resident Brendon J. Lewis, who according to a hospital test had a blood alcohol level that was four times higher than the legal limit, also faces a misdemeanor count of retail theft.

According to a  criminal complaint, a police officer who was dispatched to the area of Benjamin Street and Thomas Drive at 12:18 p.m. Friday, Jan. 10, found an SUV parked in the middle of the street and was told by a witness she saw the driver of the SUV slam on the brakes, get out of the vehicle and stumble toward Piggly Wiggly. She said the man tripped over the curb and fell, then stumbled on toward the store.

The officer checked the license plate of the vehicle and learned it was registered to Lewis. He then saw a man walking from the grocery store toward the SUV who matched the description of the driver and determined it was Lewis.

Lewis could barely stand and had to hang onto the officer to avoid falling. The officer noticed he smelled of alcohol, was difficult to understand and had a black eye and a cut on his nose, the complaint states.

Lewis admitted drinking but denied driving, adding that he fell and injured himself.

The officer, who decided it was unsafe to perform field sobriety tests because Lewis was so unsteady, noticed a bottle of vodka in Lewis’ vest. When asked where he got the vodka, Lewis pointed to the grocery store, according to the complaint.

Surveillance video from the store showed Lewis take a bottle of Smirnoff vodka from a shelf, put it in his vest pocket and walk out of the store without paying for it, the complaint states.

Lewis was taken to an area hospital and a staff member informed the officer that a test showed Lewis had a blood alcohol level of .325, four times higher than the legal limit of .08, according to the complaint. Because of his prior operating while intoxicated convictions, Lewis was prohibited from driving with an alcohol level of .02 or higher.

According to court records, Lewis was convicted of operating while intoxicated once in 2005 and twice in 2007 in Walworth and Waukesha counties.

During a Jan. 13 court hearing, Ozaukee County Circuit Judge Steve Cain set Lewis’ bail at $3,000 and ordered him to maintain absolute sobriety and wear an alcohol monitoring device. Lewis posted bail and was released from jail last week, according to court records.

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