In a perplexing legal decision in Fond du Lac County, Wisconsin, a district attorney defended a plea deal that has raised eyebrows and stirred debate within the state’s drunken-driving enforcement circles. The case involves Lawrence Schreiber, a high-profile executive, and an unusual charge related to operating an aircraft while intoxicated, despite the incident occurring while he was driving his Mercedes-Benz.
Lawrence Schreiber, 48, president of Anthem Blue Cross and Blue Shield of Wisconsin, was pulled over in June while driving a Mercedes-Benz on U.S. Highway 41. Multiple tests conducted at the time indicated his blood-alcohol level was significantly above the legal limit. However, in a surprising turn of events, Schreiber pleaded no contest to operating an aircraft with a prohibited blood alcohol content, first offense. This civil forfeiture, non-traffic ticket, has sparked controversy and confusion.
Local sheriff’s officials, particularly the Fond du Lac County sheriff’s deputy who made the initial stop, expressed dissatisfaction with the outcome. The unusual plea deal became public when the Fond du Lac Reporter covered the story, leading to widespread public discussion and criticism. Despite the backlash, District Attorney Daniel Kaminsky stood by his decision, asserting it as a “creative resolution” to a case with potential evidentiary challenges and defended it as a positive outcome.
“It’s a creative resolution, but nothing more than that,” Kaminsky stated. He downplayed the situation, refuting claims of any scandal and suggesting that local Fond du Lac County political dynamics were fueling the controversy. Both Kaminsky and Schreiber’s defense counsel pointed towards local politics as the driving force behind the negative attention.
This unconventional conviction allowed Schreiber to avoid a driver’s license suspension, a typical consequence in DUI cases. He was, however, still mandated to pay a fine and undergo an alcohol-abuse assessment. While the intention was for this aircraft offense to be considered a prior OWI (Operating While Intoxicated) offense in any future DUI charges, it was notably absent from Schreiber’s official driving record with the state Division of Motor Vehicles (DMV) until the Wisconsin State Patrol intervened in January.
Glenn Green, supervisor at the DMV section responsible for license suspensions and revocations, confirmed the novelty of the charge. “We’ve never had a charge” like operating an aircraft with prohibited BAC before, he admitted, speculating it might be a singular occurrence. Nevertheless, the DMV has since implemented a system to ensure such offenses are recorded on driving records and recognized as prior OWI offenses. Schreiber’s record was updated in January following the State Patrol’s inquiry.
Chief Deputy Mark Strand of Fond du Lac County Sheriff’s Office explained that the unusual disposition came to light when the arresting deputy noticed it in online court records. This prompted inquiries from supervisors and ultimately reached Strand in December. “They have full right to dispose of the cases how they see fit,” Strand acknowledged, but also noted the potentially discouraging message it sends to deputies actively combating drunken driving. He emphasized it as a “difference of opinion” within the law enforcement community.
District Attorney Kaminsky reiterated that the arresting deputy acted correctly. His reservations stemmed from potential weaknesses in the scientific evidence, specifically the blood test results.
According to the sheriff’s report, the sequence of events began with a 911 call from another driver reporting a dark sedan swerving erratically. The deputy then observed Schreiber’s Mercedes-Benz crossing the fog line and weaving between lanes. The traffic stop occurred around 9:45 p.m. in the southbound lanes of Highway 41.
Schreiber reportedly told the deputy he had consumed two glasses of wine in Kimberly. He performed poorly on field sobriety tests and registered a 0.168 on a preliminary breath test, leading to his arrest. It’s important to note that preliminary breath tests are not admissible as definitive evidence in court. Subsequent tests at the jail using a more reliable machine showed a 0.13 blood-alcohol level. A blood sample taken at a hospital around 11:40 p.m. registered a 0.156 blood-alcohol level. Initially, Schreiber faced charges of operating while intoxicated, first offense, and driving with a prohibited alcohol concentration while operating his Mercedes-Benz.
Challenges with Blood Test Evidence
District Attorney Kaminsky highlighted issues with the blood test, though refrained from detailed specifics. He explained that while a State Crime Laboratory expert could testify that Schreiber was above the legal limit of 0.08 at the time of driving, the defense could argue that Schreiber’s alcohol concentration was still rising between the jail and hospital tests. This could potentially cast doubt on whether his BAC was above 0.08 while actually driving his Mercedes-Benz.
Kaminsky pointed out the difficulty of securing OWI convictions in Wisconsin when scientific evidence is not overwhelmingly conclusive. He noted that witness testimonies about slurred speech or poor field sobriety tests often prove insufficient for convictions. In similar situations, prosecutors often resort to plea deals for reckless driving. However, Kaminsky wanted to avoid a reckless driving plea, prioritizing a conviction that would count as a prior OWI offense should Schreiber face DUI charges again.
His search for an alternative led him to the aircraft operation statute, which Schreiber’s attorney found acceptable as it circumvented the mandatory six-month driver’s license suspension associated with a standard OWI conviction. “I understand the public scratching their head,” Kaminsky acknowledged, urging people to look beyond the surface and consider “the substance of the resolution.”
Julius Kim, a seasoned criminal defense attorney in Milwaukee, suggested the Fond du Lac County case was likely a hot topic among DUI defense lawyers across Wisconsin. “I think it was good lawyering, honestly,” Kim commented, while also recognizing why the public might view it with suspicion.
Kim elaborated on the “curve” defense strategy, where blood-alcohol levels taken at different times are used to argue whether a driver was legally intoxicated while driving. He concurred that DUI cases with BAC levels in the 0.08 to 0.10 range, where evidentiary uncertainties exist, are particularly challenging to prosecute.
Whether pleading to operating an aircraft with prohibited alcohol concentration will become a new strategy in DUI cases remains uncertain. “It’s out there now, but people are going to be sensitive to something like this,” Kim concluded, suggesting it is “probably an isolated incident.”
