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Driver charged with 6th OWI

Suspect in custody on cash bond

David W. Schmidt, 49, Tigerton, is charged with a sixth drunken driving offense.

On Friday night, Feb. 15, Weyauwega Police Officer Justin Malueg was parked on Landing Road, south of Guth Road, in the town of Royalton.

Due to a number of recent burglaries in the area, Malueg was assisting the Waupaca County Sheriff’s Office with surveillance.

He saw a vehicle going north on Landing Road that drifted onto the fog line and nearly into a ditch.

The vehicle turned west on Guth, and Malueg followed it.

According to the criminal complaint, the vehicle pulled into a driveway on Guth Road, parked between two attached garages and shut off its lights.

Malueg passed the vehicle, turned around, then parked nearby.

Approximately 15 minutes later, Malueg saw the vehicle drive to the end of the driveway, then pause.

Malueg pulled in front of the vehicle, illuminated it with his take-down lights and approached the driver.

The driver identified himself as Schmidt and said he had stopped to check on his aunt’s home while she was away.

Malueg reported seeing two empty 16 oz. beer cans in the front passenger seat and an open, almost full bottle of beer in the center console.

A preliminary breath test indicated Schmidt had a .196 blood-alcohol content, the complaint says.

Malueg transported Schmidt to ThedaCare Medical Center-Waupaca for a blood draw.

At the hospital, Schmidt allegedly became upset and told Malueg he would need back-up to hold him down.

Malueg called Judge Raymond Huber and obtained a search warrant for Schmidt’s blood.

Schmidt then complied, but he was cited for refusing to take an intoxication test, which can result in automatic revocation of his license.

Schmidt remains in custody on a $2,000 cash bond.

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