Suspect refused breath test, warrant issued for blood
Michael D. Dayton, 58, Wisconsin Rapids, is charged with a seventh drunken driving offense, failure to install an ignition interlock device, operating after revocation and two counts of misdemeanor bail jumping.
On the morning of Saturday, Feb. 16, Waupaca Police Officer Bret Rodenz stopped a vehicle on West Fulton Street that his radar clocked at 59 mph in a 45 mph speed zone.
According to the criminal complaint, Dayton said he was not used to the car because he hit a deer with his own vehicle.
Rodenz ran a records check and found Dayton’s license was revoked but he had an occupational license, allowing him to drive from 5 a.m. to 8 a.m. and from 1 p.m. to 10 p.m. Dayton was also required to have an IID installed in his car.
After Dayton failed to complete some field sobriety tests, he reportedly refused to take a preliminary breath test and said he would not submit to a blood test.
Rodenz then obtained a search warrant for Dayton’s blood and took him to ThedaCare in Waupaca where it was drawn and submitted to the state crime lab.
Dayton was also cited for refusal to take an intoxication test and speeding.
He faces charges in Wood County for disorderly conduct as an act of domestic abuse and misdemeanor bail jumping.
Dayton was convicted in Waupaca County of his sixth drinking and driving offense in November 2014 and sentenced to 18 months in state prison.
After his arrest on Feb. 16, Dayton was released on a $5,000 signature bond with the conditions that he maintain absolute sobriety and comply with the jail’s alcohol monitoring program.