Jan. 13--A man who authorities said had seven prior drunken-driving convictions was found guilty in McHenry County on Tuesday of his eighth such offense and faces prison when he's sentenced in March.
The verdict against Michael Tatera, 54, of West Allis, Wis., was automatically raised to aggravated DUI because of his past offenses, all of which occurred in Wisconsin and date to 1987, according to prosecutors and court records.
Tatera was immediately taken into custody after the verdict was read and faces six to 30 years in prison. Prosecutors had offered Tatera a plea deal last week, but he turned it down, saying he would not accept a deal that could include prison time, Assistant State's Attorney John Gibbons said.
Jurors, who left the courthouse without comment, were not told of Tatera's prior convictions.
The Spring Grove officer who pulled Tatera over Oct. 6, 2012, was the only witness called to testify. Officer Rich Kresen said he spotted Tatera about 9 p.m. driving around roadwork barricades along Main Street.
Kresen testified that although Tatera claimed he had not been drinking that night, the officer immediately noticed Tatera had glassy eyes and smelled of alcohol. He said Tatera was confused and didn't seem to know where he was.
Kresen said that during a field sobriety test, Tatera asked the officer to repeat the instructions. Tatera then became "agitated" and "argumentative" and "seemed like he wanted to fight" before refusing to complete the sobriety test and telling the officer, "Arrest me," Kresen said.
Tatera also refused to take a Breathalyzer test, the officer testified.
A police video of the traffic stop was shown to jurors. In closing arguments, public defender Angelo Mourelatos noted that Tatera put on his blinkers and pulled over within seconds of seeing the squad car with its lights flashing behind him. He did not hit anything as he drove past the barricades; he was not falling down or stumbling; nor did he "fumble" when reaching for his license, Mourelatos said.
He said Tatera was lost and confused but not "impaired."
"He is not guilty of driving under the influence," Mourelatos said. "He just ignored a traffic control device and went down a street that was closed."
But Gibbons said Tatera was acting irrationally and that someone who is not impaired would not drive around road barricades, argue with an officer or refuse to complete a sobriety test or take a Breathalyzer.
"You don't have to be a fall-down drunk to be under the influence," Gibbons said.
According to McHenry County prosecutors and Wisconsin court records, Tatera was convicted of operating a vehicle under the influence five times in Milwaukee County from 1987 to 2000, once in Waukesha County in 2006 and once in Marinette County in 1995.
For six of those convictions, he served jail time, and in the 2006 case he got a two-year prison term but was released early, according to officials and records. Tatera had a valid driver's license when he was arrested in Spring Grove, officials said.
Amanda Marrazzo is a freelance reporter.
