Tosa Man Nearly Triple Legal Limit in 3rd OWI Arrest

A 50-year-old Wauwatosa man has been charged for his third drunken driving offense, this time with a blood alcohol content nearly three times the legal limit.

John Garcia was charged May 18 with misdemeanor operating while intoxicated third offense. He entered a not guilty plea during a court appearance on May 20.

If convicted, he faces up to one year in prison, $2,000 in fines, or both. Minimum penalties of $600 in fines and 45 days in county jail are tripled because of Garcia’s blood alcohol content.

According to the criminal complaint:

About 12:45 a.m. April 25, the Milwaukee County Sheriff Department received a report from an off-duty Milwaukee police officer following a suspected drunken driver who was driving erratically near North 35th Street and West I-94 in Milwaukee, according to court documents.

Once sheriff deputies arrived on the scene, they conducted a traffic stop, at which point they observed Garcia to be highly intoxicated. Garcia smelled of alcohol and had red glassy eyes, and told deputies he had three or four beers and a mixed drink before driving, court documents read. Garcia performed poorly during on-scene sobriety tests and registered a 0.21 blood alcohol content during a preliminary Breathalyzer test, the criminal complaint says. Garcia refused to submit to a chemical test of his breath, authorities say.

Garcia has prior drunken driving convictions in 2004 and 2010.

He is due in court for a pre-trial conference on June 27, and is out of custody after posting $850 bail, according to online court records.