Wisconsin Judge Blows .129 Alcohol Breath Test; not charged. Legal limit: 0.08

KSTP News: Wisconsin judge not arrested; driving under the influence.

A Wisconsin judge, who had bloodshot eyes and smelled of alcohol, was not arrested for drinking and driving late last year despite failing a field sobriety test and blowing well over the legal limit, according to police video and records obtained by 5 EYEWITNESS NEWS.

Judge Eric Lundell can be heard on police dash and body cameras asking for special treatment during the traffic stop in Hudson, Wisconsin.

"Where's the ol' police courtesy," he asked one of the officers.
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...Lundell again asked for special treatment.

"Just give me one police courtesy one time in my whole career. If you want to ride with me home, fine. C'mon, Brad," he said, again addressing the sergeant by his first name.

Officer Luke Radke explained why the judge's request was problematic.

"I'm going to handle this like I would for anyone else," Radke said. "I understand you want some police courtesy right now, but if I get caught, or it gets released to the media that I didn't do my job because of who you are, my career is over."

The 71-year-old judge declined to perform at least one of the field sobriety tests, citing his age, but eventually agreed to stand on one leg – a test he failed.

At that point, Radke and Kusmirek agreed not to arrest Lundell.
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However, the officers did ask the judge to take a breathalyzer with the understanding he would be allowed to drive home if he blew under a .04.

"Well, if you're not going to arrest me, then sure," Lundell said.

The judge then blew a .129. The officers allowed him to call for a ride home.
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Hudson Police Chief Geoff Willems defended his officers' handling of the traffic stop, and said the judge was not given the police courtesy he requested.
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"Anytime you have different officers, different experience levels, different training, you have a potential for a different outcome," he added.

WHAT?  "Anytime you have different officers, different experience levels, different training, you have a potential for a different outcome." 

The judge blew a .129.

Wisconsin's BAC definitions:

"Per Se" BAC Limit     0.08 Percent
Zero Tolerance (Underage) BAC Limit     0.02 Percent
Enhanced Penalty (Aggravated) BAC Limit     0.15 Percent
Implied Consent to Submit to BAC Test?     Yes

0.08 versus .129. Yeah, the judge was granted special favor. The Police Chief and the officer need to be fired.

"Where's the ol' police courtesy" - Eric Lundell.