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A Racine man is facing his third OWI charge after allegedly crashing through a fence and into the pool at a residence in Caledonia.

Austin Pemberton was charged Thursday in Racine County Circuit Court with a single count of misdemeanor operating while under the influence as a third offense. If convicted, he faces up to 45 days in jail and/or up to $2,000 in fines.

Criminal complaint details

According to the criminal complaint, on May 19, 2022, a resident reported that a driver had crashed through their fence and into their above-ground pool, in the 5000 block of 4 Mile Road, before backing into the woods. The driver was no longer at the scene.

When officers arrived, they deployed a K-9 to find the driver, and Mount Pleasant Police found him – identified as Pemberton – on Highway 31 at Mona Park Drive covered in mud and with a scratch on his forehead. Pemberton’s eyes were glassy, and he failed field sobriety tests. He complained of pain and was transported to the hospital. He refused to submit to a blood draw, and a warrant was obtained for it, the complaint continues. Pemberton eventually admitted he took fentanyl earlier in the evening, and hospital staff had to use Narcan to improve his oxygen levels.

Online court records indicate Pemberton was also charged with criminal damage to property for the damages to the pool and the fence. According to the criminal complaint, total damages to the pool and the fence total $5,000; $4,000 for the pool and $1,000 for the fence.

Pemberton was assigned a $500 cash bond at his initial appearance and ordered not to possess or consume controlled substances and not to drive unless properly licensed. He will next be in court on August 23 for a status conference.

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