‘Could’ve killed somebody:’ 75 days in HOC for man convicted of OWI 2nd, arrested with .42 BAC

Tom Dulaney

MILWAUKEE — A Milwaukee man charged after sheriff’s officials said he registered at more than five times the legal limit in a preliminary breath test after he was stopped on I-94 at Rawson Avenue in June of 2018 has reached a plea deal in the case against him.

Tom Dulaney, 42, on Wednesday, March 13 pleaded guilty to OWI, second offense. A charge of operating while revoked was dismissed but read into the court record. Dulaney was then sentenced to serve 75 days in the House of Correction, with credit for three days time served — and Huber release. He was ordered to report to the HOC by 5 p.m. on March 22. Additionally, his driving privileges were revoked for 14 months, and he was ordered to utilize an ignition interlock device for 14 months once his driving privileges are restored.

Meanwhile, a misdemeanor charge of resisting or obstructing an officer filed in December of 2018 was dismissed on Wednesday, as was a forfeiture for deviation from designated lane filed in June of 2018.

According to a news release from the Milwaukee County Sheriff’s Office, Dulaney registered at a .42 on the PBT.

He was stopped on June 23, 2018 around 2 p.m. after a deputy responded to a call regarding a possible OWI near I-43 and Holt. A criminal complaint said Dulaney’s vehicle was reported to have been “swerving all over the road and cutting off other vehicles.” The caller said the vehicle had pulled over, with a follower behind it at I-94 southbound at Rawson.

When a deputy arrived on scene, the complaint said a Pontiac was parked with a minivan behind it. The driver of the van “pointed to the Pontiac and gave a thumbs up.”

Tom Dulaney

Tom Dulaney

When the deputy made contact with the driver, later identified as Dulaney, the complaint said the deputy “could detect an extremely strong odor of alcohol,” and Dulaney had slurred speech and bloodshot, glassy eyes. He said they were on their way to Chicago, and agreed to perform field sobriety tests — nearly falling over during testing, the complaint says.

“He appears to be so intoxicated that he literally could not do anything he was asked to do. He just stands there motionless, almost like in a comatose state,”┬ásaid Acting Milwaukee County Sheriff Richard Schmidt.

After the PBT, Dulaney was taken to the hospital where a sample of his blood was drawn for testing.

“It is a deadly level. I’m thankful that nobody was hurt, including (Dulaney), but he could have killed somebody. This has to stop,” said Schmidt.

The complaint noted that Dulaney’s prior OWI arrest occurred in September of 2008, and he was convicted that same month. His driver’s license was revoked at that time.

“You betcha I’m upset about this. This is the type of behavior that kills people. There’s so many individuals that are involved in horrific accidents, catastrophic damage to cars, crippling injuries. People die because of people exactly like this,” said Schmidt.

Dulaney had a history of substance abuse charges dating back 22 years.

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