Hospitalization delays OWI 7 trial

EAU CLAIRE — A man authorities say passed out in his running pickup, blocking a roadway had his trial stricken from the calendar this week after his attorney told the court he was hospitalized.

John Andre, 54, Elk Mound, was scheduled to be in court Monday for a status conference. Matthew Krische, his attorney, said Andre was absent due to the hospitalization. A new status conference in the case was set for August.

Andre faces charges of OWI 7 and Operating with a Prohibited Alcohol Concentration 7. The case dates to May of 2022.

According to the criminal complaint, an officer was flagged down by a man who was due to unload machinery for a construction site. But the access was blocked by a white pickup that was running with a man inside and unconscious.

The officer shut put the truck in park and shut off the engine when he was unable to rouse Andre to do it himself. Andre awoke before medical personnel arrived and said he wasn’t sure how much he had had to drink, but that he “was not driving.”

Andre failed field sobriety tests and blew a .173 with the breath test. A blood draw confirmed his intoxication with a result of .351.

Andre has six prior convictions for driving while drunk dating to 1997. Those incidents took place in Eau Claire, Trempealeau and Dodge counties.

Penalties increase when people reach their seventh OWI. If convicted, Andre could face fines of up to $25,000 and a prison sentence of up to 12.5 years.