Waukesha Man Charged With 5th OWI

A 39-year-old Waukesha man is facing his fifth drunken driving charge after being arrested Sunday in New Berlin.

Michael I. Foote was charged in Waukesha County circuit Court Monday with one count of fifth offense operating while intoxicated. If convicted, he faces up to six years in prison and $10,000 in fines.

According to the criminal complaint, at 2:20 a.m. Sunday a New Berlin police officer was travelling westbound on Greenfield Avenue when he noticed two vehicles heading on the opposite direction. The second car, which was driven by Foote, was continually tapping its brakes, had a major crack in the windshield and crossed the center line.

Foote was pulled over on Greenfield near South San Lucas Drive, the complaint alleges and when the officer asked him how much he had to drink he replied “probably too much.”

The complaint states Foote failed field sobriety tests and had a blood alcohol level of .15 percent at the time of the arrest.

Foote was previously convicted of OWI in 1990, 1991, 1995 and 2006. Foote is being held in Waukesha County Jail on $10,000 cash bail.