City Council member Toby Biegel’s Blood Alcohol Content was 0.24 when police arrested him for his third charge of operating while intoxicated on Oct. 16.

The legal BAC limit to drive in Wisconsin is .08.

Chippewa County District Attorney Jon Theisen said such a level of intoxication constitutes a threat to public safety and surpasses “an instance of someone having one or two too many drinks.”

“Mr. Biegel’s degree of intoxication is beyond disturbing,” he said. “This could easily have contributed to a crash.”

Theisen said while he does not know how long Biegel had been drinking or whether he ate while drinking, based on BAC charts he would have had to consume 15 standard drinks in one hour to reach a 0.24 reading.

State Trooper Jim Campbell arrested Biegel after civilian complaints of reckless driving. Campbell pepper-sprayed Biegel and requested another officer’s assistance to remove him from his vehicle.

Biegel could not be reached for comment, though he has previously expressed regret for his actions while also saying he anticipates revealing “the other side of the story.”

Student Senate called for Biegel’s resignation in an Oct. 24 resolution, joining the Leader-Telegram and The Spectator in criticizing his conduct.

Theisen said he intends to convict Biegel of his third OWI. Having resisted arrest, Biegel is deemed a “refusal case,” which could result in up to $2,711 in fines, 110 days in jail, a 30-day license revocation and the immobilization of his vehicle’s ignition interlock.