There are some people in Wisconsin and across the country who would likely readily admit that they have made mistakes in the past. However, past mistakes are not necessarily indicators of future behavior. Unfortunately, a man with past drunk driving convictions is now accused of being under the influence during an accident that resulted in a death.

The incident that led to the man’s recent arrest reportedly happened during the early morning hours of a day in mid-June. Reports claim that witnesses saw a driver speed through a red light. The vehicle reportedly struck a car driving through the intersection; an off-duty police officer was behind the wheel.

Unfortunately, the police officer passed away. The alleged driver of the other vehicle, a 34-year-old man, was arrested and charged with homicide by intoxicated use of a motor vehicle. Reports indicate that the man has four previous OWI convictions in Wisconsin, and he remains on probation as a result of the most recent one in May 2017.

Despite the man’s arrest and the subsequent criminal charges, it is unclear what his blood alcohol content was at the time of the accident or how it was determined. It might be easy for law enforcement officers to assume that the man was drunk driving due to his past history. However, such assumptions are insufficient to meet the burden of proof required by the criminal justice system for a conviction. In all criminal cases, a person — regardless of his or her criminal history — is presumed innocent.