Trial requested in OWI 5 case

EAU CLAIRE — A trial appears likely in the case of a Port Edwards man facing his fifth OWI charge.

Brian Fox, 30, was in court Monday for a status conference in the case. The court record shows the defense told the court there is no current plea agreement, and requesting a one-day jury trial be scheduled.

Fox faces charges beyond the OWI 5 count, including driving with a prohibited alcohol concentration 5, operating a motor vehicle while revoked, failure to install an ignition interlock device and bail jumping.

According to the criminal complaint, authorities were called to a crash in the 700 block of North Huron Street in Augusta on March 11. The responding officers found Fox’s vehicle 30-40 feet off the road. A search of the car turned up a Busch Light can that appeared to have been placed in a less visible location within the vehicle.

Fox took a breath test, which returned a .136 reading, almost twice the legal limit and well above the .02 limit imposed due to Fox’s prior convictions. A cut on his head and potential head or neck injuries meant he was placed in a brace and on a board, so he was unable to take other sobriety tests.

Penalties for a fifth OWI conviction ramp up significantly. While a fourth OWI is punishable by as little as 60 days in jail, a year in prison is the starting point for a fifth. Fines also rise, topping out at $25,000.