A South Bend man faces a felony operating while intoxicated charge after testing at more than four times Indiana's legal blood alcohol limit following a traffic stop early Wednesday morning.
Marshall County Sheriff's deputies stopped a gray Chrysler passenger car on Michigan Road at 5C Road at approximately 12:21 a.m. Wednesday, January 8, after observing the vehicle swerving across the roadway.
The driver, Alec M. Brown, 31, of South Bend, showed signs of alcohol impairment. After conducting field sobriety tests, deputies requested a certified breath or blood test.
Brown agreed to the testing and was transported to a hospital for a blood draw. Results showed his blood alcohol content was more than four times Indiana's legal driving limit of .08%.
Brown was arrested and transported to the Marshall County Jail, where he was booked on a preliminary charge of Operating While Intoxicated, Level 6 Felony.
The charge was elevated to felony level due to a prior OWI conviction within the past seven years. Indiana law treats OWI as a felony when the defendant has a previous conviction within a seven-year period.
Bond was set at $1,505 cash, and a court date was issued.
A blood alcohol content of more than four times the legal limit (.32% or higher) represents severe impairment. At this level, individuals typically experience significant loss of motor control, judgment, and coordination, creating substantial danger to themselves and others on the roadway.
The Marshall County Prosecutor's Office will review the case for potential formal charging.
Charging information supported by an affidavit of probable cause is merely an allegation that a crime has been committed and that there is only probable cause to believe a crime has been committed. All suspects are presumed innocent throughout the proceedings and are entitled to be represented by counsel and entitled to a trial by jury at which the State is obligated to provide proof beyond a reasonable doubt before a judgment of guilt may be made.
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