Records: Waukesha police failed to cite off-duty officer for OWI

WAUKESHA – Records obtained by the Milwaukee Journal Sentinel have revealed that two Waukesha police officers violated department policy during a traffic stop involving an off-duty New Berlin officer whose blood-alcohol concentration was over the legal limit.

Officer Bryan Spakowicz, who conducted the stop, didn’t conduct field sobriety tests after New Berlin Officer Zachary Burow admitted to drinking two beers earlier that night, the Journal Sentinel‘s Elliot Hughes reported. Instead, he administered a preliminary breath test. When Burow blew a 0.083, Spakowicz didn’t arrest or cite him. He let Burow and his passenger, fellow officer Jacob Ungerer, walk home.

The traffic stop prompted internal investigations at both departments. Spakowicz and Jirikowic received written reprimands. An investigation determined Spakowicz should have conducted field sobriety tests and that he and Jirikowic should not have turned off their microphones, according to records.

Burow and Ungerer were both on probationary status when the incident occurred, Hughes reported. New Berlin’s internal investigation alleged they violated department rules regarding ethics, off-duty alcohol use and unbecoming conduct. They were fired May 8, according to department records.

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