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Douglas A. Pessefall was admitted to the
practice of law in Wisconsin on April 23,
2002, State Bar No. 1034109.
Over the course of approximately one year,
from March 2021 to April 2022, Pessefall
committed three Operating While Intoxicated
offenses, resulting in three convictions. In
September 2022, Pessefall also committed the
offenses of operating after revocation and
misdemeanor bail jumping, resulting in
convictions.
The first OWI incident occurred at a hotel in
Madison, WI on March 13, 2021. At
approximately 3:00 AM, a hotel security guard
observed Pessefall having difficulty walking
through the parking lot. Pessefall then got
in his car and attempted to exit the parking
lot of the hotel, but was prevented from
doing so by the security guard who then
called police. The police arrested Pessefall
and informed him his operating privileges
would be suspended. Police noted Pessefall
was argumentative and noncompliant with their
instructions throughout his arrest and
booking. A breath test performed 90 minutes
after police were called measured Pessefall's
blood alcohol as .14. Police issued Pessefall
citations for operating a motor vehicle while
intoxicated - 1st offense, and operating with
a prohibited alcohol concentration - 1st
offense. This incident resulted in
Pessefall's conviction of OWI 3rd offense on
August 15, 2023.
On September 13, 2021, an employee of a bar
in Greenfield, WI flagged down a squad car to
inform police that a patron driving away from
the bar was highly intoxicated. The employee
in his statement to police noted he had urged
Pessefall not to drive and had offered to
call a rideshare service for him. The officer
stopped the vehicle after determining the
vehicle registration was expired and the
registered owner had a suspended license. The
officer identified Pessefall as the driver.
The officer smelled a strong odor of
intoxicants and conducted field sobriety
tests. Pessefall failed the tests and was
arrested. A breath test performed two hours
after the arrest measured Pessefall' s blood
alcohol as .18. Police issued Pessefall
citations for OWI - 1st offense, and
operating with PAC - 1st offense. This
incident resulted in Pessefall' s conviction
of OWI 1st on February 23, 2022. Pessefall's
driver license was revoked as a penalty for
this offense.
The third incident occurred April 8, 2022 in
Whitefish Bay, WI. Police responded to a
report of a family argument. The caller, the
ex-husband of Pessefall's girlfriend,
reported that his ex-wife and Pessefall were
arguing in a car parked in the driveway of
the husband's home. Upon their arrival police
spoke with Pessefall who acknowledged driving
his girlfriend to the location from
Wauwatosa, WI at her request after they had
argued. While speaking with Pessefall, police
observed signs of intoxication and performed
sobriety tests. Pessefall failed the tests,
including a preliminary breath test which
measured Pessefall's blood alcohol as .16.
Police arrested Pessefall and issued him
citations for OWI - 2nd offense, operating
with PAC - 2nd offense, and operating after
revocation. This incident resulted in
Pessefall's conviction of OWI 2nd on February
1, 2023.
In addition to his three OWI convictions,
Pessefall was convicted of operating after
revocation and misdemeanor bail jumping on
March 31, 2023. Pessefall' s conduct
underlying these convictions occurred
September 2, 2022, in Elm Grove, WI.
Pessefall proceeded through a red light after
becoming impatient for it to change to green.
A police officer witnessed the incident and
pulled over Pessefall' s vehicle. The officer
learned that Pessefall' s driving privileges
were revoked November 23, 2021 and again on
February 23, 2022 and that Pessefall had two
pending circuit court cases against him with
driving restrictions imposed as a condition
of bail. Pessefall acknowledged to the
officer that he knew his license was revoked.
By engaging in conduct resulting in
convictions for Operating While Intoxicated
2nd and 3rd, Operating After Revocation, and
Bail Jumping, Attorney Pessefall in each
instance engaged in criminal conduct that
reflects adversely on his fitness as a lawyer
and thereby violated SCR 20:8.4(b).
Attorney Pessefall has no prior discipline.
In further mitigation of the sanction, OLR
considered the voluntary treatment Attorney
Pessefall undertook to address the underlying
causes of his offenses.
In accordance with SCR 22.09(3), Attorney
Pessefall is hereby publicly reprimanded.
Dated this 7th day of January, 2025.
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