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The Respondent, Attorney David Saldana
(“Saldana”), age 59, was admitted to the
practice of law in Wisconsin on June 19,
1984, and practices in Racine, Wisconsin.
On January 10, 2014, Saldana reported to OLR
his conviction of Operating a Motor Vehicle
While Under the Influence of an Intoxicant
(“OWI”) (4th) in State of Wisconsin v.
David Saldana, Racine County case no.
2013CM000232.
The ensuing OLR investigation brought to
light additional criminal cases brought
against Saldana. Saldana had an OWI (3rd)
conviction on March 25, 1998, in Racine
County, Wisconsin and an OWI (2nd)
conviction that occurred on August 19, 1993,
in Dane County, Wisconsin.
The facts with respect to Saldana’s OWI
(4th) conviction are as follows. On October
13, 2012, at approximately 9:11 p.m., a
Mount Pleasant Police Department Officer was
dispatched to a restaurant to investigate a
report of an intoxicated party who was
sitting in a running vehicle. The Officer
arrived at the scene, and observed a running
vehicle in the restaurant parking lot. The
Officer noticed a sleeping man, later
identified as Saldana, in the driver’s
seat. The Officer knocked on the window,
Saldana awoke, and the Officer ordered him
to roll down the window. Saldana was
unable to find the window button. The
Officer opened the door and ordered Saldana
to turn off the vehicle.
The Officer observed that Saldana had food
all over his lap and he noticed a slight
odor of intoxicants. The Officer ordered
Saldana to exit the vehicle. As Saldana
exited the vehicle, the Officer smelled a
stronger odor of intoxicants and noticed he
had difficulty walking.
The Officer had Saldana perform some
standardized field sobriety tests. The
results of Saldana’s preliminary breath test
(“PBT”) was .223 grams of alcohol per 210
liters of Saldana’s breath. The Officer
placed Saldana under arrest for OWI and
transported him to Wheaton Franciscan
Hospital. A blood sample was drawn from
Saldana and sent to the State Laboratory of
Hygiene in Madison, Wisconsin, for analysis,
with said analysis resulting in .252 grams
of alcohol per 100 milliliters of Saldana’s
blood. In a conversation with the Officer
at the hospital, Saldana stated, “Five grand
no questions asked, I am not trying to bribe
you or anything.” Additionally, in a
conversation with a second Officer Saldana
stated that he had $1,000.00 or $2,000.00 on
hand. Saldana was charged with OWI (4th)
and Obstructing an Officer in violation of
Wis. Stat. §946.41(1) and §939.51(3)(a).
On January 7, 2014, pursuant to a guilty
plea, Saldana was convicted of misdemeanor
OWI (4th) in State of Wisconsin v. David
Saldana, Racine County case no.
2013CM000232. The charge of Obstructing an
Officer was dismissed, but read in.
Saldana’s sentence included 60 days in jail
with Huber privileges, driver’s license
revocation for 24 months, and a fine.
The facts with respect to Saldana’s OWI
(3rd) conviction are as follows. On August
2, 1996, at approximately 2:45 a.m., a
Racine Police Department Officer observed a
suspicious vehicle with its engine running,
the headlights on, and a flat right front
tire that was no longer attached to the
rim. The Officer approached the vehicle and
noticed a male, later identified as Saldana,
sleeping in the driver’s seat. The Officer
opened the driver’s door, turned off the
engine, and repeatedly attempted to wake
Saldana. After approximately ten minutes,
Saldana awoke and was asked to exit the
vehicle. The Officer noticed a strong odor
of intoxicants on Saldana’s breath and his
eyes appeared bloodshot and glassy. Saldana
failed three field sobriety tests. The
Officer arrested Saldana for OWI (3rd).
Saldana was taken to St. Luke’s Hospital to
obtain a blood sample. Saldana’s blood
sample was tested by a certified analyst and
indicated the presence of .272 of one
percent of alcohol by weight in Saldana’s
blood.
On March 25, 1998, pursuant to a no contest
plea, Saldana was convicted of misdemeanor
OWI (3rd) in State of Wisconsin v. David
Saldana, Racine County case no.
1996CT000904. Saldana’s sentence included 5
months in jail with Huber privileges,
driver’s license revocation for 30 months,
and a fine.
The facts with respect to Saldana’s OWI
(2nd) conviction are as follows. On
February 28, 1993, at approximately 2:32
a.m., a City of Madison Police Officer was
traveling on East Johnson Street when she
observed a vehicle drifting to the right and
heading on a collision course with parked
vehicles. The vehicle made a sharp swerve
to the left to avoid an accident. The
Officer observed the vehicle cross the
center line and return to the middle of the
traffic lane. The Officer again observed
the vehicle begin a collision course with
parked vehicles, but it made a sharp turn to
avoid an accident. The Officer initiated a
traffic stop. The Officer approached the
vehicle and observed that the driver, later
identified as Saldana, was looking down
toward the control panel on the door
attempting to unroll his window. Saldana
eventually unrolled his window. Saldana had
a strong odor of intoxicants on his breath,
slurred speech, and red, glassy eyes. The
Officer had Saldana perform three field
sobriety tests, and then Saldana refused a
chemical test of his breath.
On August 19, 1993, pursuant to a no contest
plea, Saldana was convicted of misdemeanor
OWI (2nd) in State of Wisconsin v. David
Saldana, Dane County case no.
1993CT000481.
Saldana’s sentence included 5 days in jail
with Huber privileges, driver’s license
revocation for 15 months, and a fine.
Saldana completed an individual therapy
program, regularly attends a 12-step
recovery program, and voluntarily entered
into a monitoring program.
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