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Spring Green man arrested after refusing breath test because of 'violation of rights'
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Spring Green man arrested after refusing breath test because of 'violation of rights'

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A man who appeared noticeably intoxicated to a Sauk County Sheriff’s deputy when he was pulled over was arrested for a suspected 10th drunken driving charge despite refusing to submit to a breath test because it “violated his rights.”

Paul Leroy Marzahl, 50, of Spring Green, was charged with felony driving while intoxicated, bail jumping and a misdemeanor of obstructing or resisting an officer. He faces up to more than 19 years in prison and fines of $45,000.

According to the criminal complaint, Marzahl was stopped by Sauk County Sheriff’s Deputy Kyle Mueller just before 9:30 p.m., Feb. 29 on Kennedy Road in Spring Green. In asking Marzahl where he was driving, Mueller noted in the complaint he could smell intoxicants coming from the vehicle, noticed Marzahl’s speech was slurred and his eyes were bloodshot and glassy.

When Marzahl exited the vehicle, the complaint states he was “noticeably unsteady on his feet and nearly fell over,” using the 2002 Buick sedan to keep his balance. Marzahl denied drinking after being asked. He told the deputy he had been driving to his residence from Walmart in Richland Center, where he was trying to find clothes for his mother.

Mueller asked Marzahl to agree to a preliminary breath test, but according to the complaint, Mueller refused and “said he felt that a pbt ‘violated his rights.’”

After failing three field sobriety tests, Marzahl again refused to submit to a breath test and was arrested on suspicion of driving while intoxicated. Around 11:30 p.m., Marzahl’s blood was drawn and a sample was sent to the state hygiene laboratory for testing.

According to court records, Marzahl was convicted of driving while intoxicated first in January 1990 for offenses on two consecutive days in October 1989. He also has convictions from November 1990, September 1993, February 1994, July 1998, April 2005 and December 2007.

Marzahl also has pending charges in Rock County. According to court records, he was charged in August 2018 with four counts of felony stalking, and misdemeanors for disorderly conduct, using a computer to make threats, theft and criminal damage to property. He is currently out of jail on a $2,500 cash bond in that case which stipulates that he not consume any alcohol.

Marzahl is scheduled to return March 19 to Sauk County Circuit Court.

Follow Bridget on Twitter @cookebridget or contact her at 608-745-3513.

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