Man Draws Felony 4th OWI Charge After Stop for Parking Tickets

A 31-year-old Milwaukee man stands charged with his fourth drunken driving offense within five years, a felony, according court records.

Derek John Richmond was arrested Sunday night and charged Monday morning in Milwaukee County Circuit Court with fourth-offense operating while intoxicated occurring within a five year span, a Class H felony punishable by up to six years in prison.

At 11:34 p.m. Sunday, a Wauwatosa patrol officer was following Richmond in the 6700 block of West State Street and upon running his license plate saw that his license was suspended for unpaid parking tickets.

He pulled Richmond over in the parking lot at Toppers pizza, 6810 W. State. The officer said he smelled a slight odor of alcohol that became “stronger and more apparent” the longer he spoke to Richmond, and noted that he had glassy eyes.

He also noted an open 12-pack of Samuel Adams Alpine Spring beer in the back seat, with three bottles missing. Richmond admitted he’d been drinking earlier in the day but said he’d stopped around 1:30 p.m.

A computer check showed Richmond had three prior OWI convictions and was prohibited from driving with a blood alcohol concentration greater than .02. Court records show only his second and third convictions, in 2008 and 2009, both also in Milwaukee County.

Richmond performed field sobriety tests moderately well, but registered a .167 BAC on a preliminary breath test and, after a 20-minute observation period back at the station, a .14 level on an evidence test.

Richmond was taken to the County Jail and turned over to the Sheriff’s Department. He remained in custody as of 5 p.m. Monday with no bail set.