A late-night wrong-way drive in Pewaukee has landed a Waukesha County Sheriff's deputy on the other side of the badge. Prosecutors charged 34-year-old Daniel John Matuszak in early June after a May 11 traffic stop turned up alcohol, a failed sobriety test, and a vehicle loaded with firearms. The sheriff's office has put him on administrative leave while the criminal case and an internal investigation play out.
Stop and search in Pewaukee
According to TMJ4, Matuszak was pulled over around 1:29 a.m. at Highway 164 North and Highway 190 East in Pewaukee after driving the wrong way. TMJ4 reports he told another deputy he was heading home to Brookfield from Oconomowoc, admitted he had been drinking, and acknowledged he had guns in the car. A City of Waukesha officer who carried out field sobriety tests said Matuszak did not pass.
A search of the vehicle, TMJ4 notes, turned up a 9mm Glock equipped with a Holosun red-dot sight, a full magazine with a round in the chamber, and two rifles.
Charges and test results
As reported by The Badger Project, Matuszak's preliminary blood test came back at about 0.12, over Wisconsin's 0.08 legal limit. Prosecutors issued two first-offense alcohol-related citations, one for operating while intoxicated and one for operating with a prohibited alcohol concentration, along with a separate criminal charge for possessing a firearm while intoxicated.
The Badger Project also reports that Matuszak entered a not-guilty plea and is scheduled to appear in court on June 24.
What the law says
Under Wisconsin law, many first-time OWI cases are treated differently than repeat offenses and can be handled as civil forfeitures in certain situations, per Wis. Stat. § 346.63. By contrast, going armed while intoxicated is prohibited by state law, and courts have upheld criminal prosecutions on that basis, as highlighted in the Wisconsin Supreme Court's decision in State v. Christen.
In practice, that means the alcohol-related citations and the firearm allegation can move forward on different legal tracks as the case continues.
Department response and next steps
The Waukesha County Sheriff's Department has placed Matuszak on administrative leave while the criminal case proceeds and an internal investigation runs its course, TMJ4 reported. James Gumm, an inspector with the sheriff's office, told The Badger Project, "At this time, it is an ongoing criminal case, so we don't have any comment."
The case now moves through Waukesha County courts, where prosecutors will weigh the test results and items seized from the vehicle against Matuszak's not-guilty plea at the June 24 hearing. For the moment, the courtroom proceedings and the department's internal review are the two main avenues for public insight into how the incident involving one of its own deputies will be handled.
