A man was arrested for drunken driving Tuesday after rear-ending two cars and veering into a snow bank on campus.

Daniel F. Fox, 48, of Bayside, was driving east when he stopped for no apparent reason in the middle of West Wisconsin Avenue, said Milwaukee Police Lt. Anthony Smith. Witnesses said Fox then rear-ended a car in front of him, the driver of which pulled over after being hit. Fox continued forward and struck a second car and finally swerved to the right, hitting a snow bank near Gesu Church.

Fox was arrested at 4:15 p.m. for operating an automobile while intoxicated, a violation of city statutes, and was later charged with refusing to submit for a chemical test, a violation of state ordinances.

None of the drivers were injured and the cars had minor damage, Smith said.

According to the police officers who apprehended Fox, there was "no doubt he was impaired," Smith said.

Fox was transferred from MPD's 3rd district headquarters to the Milwaukee County Criminal Justice Facility Tuesday evening, where sheriffs set his bail. The district attorney and city attorney reviewed his violations Wednesday in a joint jurisdiction and will determine what to do next.

Though Fox refused to undergo the chemical test and did not appear to have alcohol with him in the car, he failed the field sobriety tests, which was deemed probable cause for his arrest.

Since Fox is a first-time OAI offender, Smith said, he will likely receive a citation from the city and have his license suspended, in addition to having to pay "a pretty substantial fine."

The penalties for refusing the chemical test, a state violation, are more severe. Fox will likely pay a fine if found guilty and possibly could serve some jail time. In addition, his license could be revoked instead of suspended.

According to the Milwaukee Municipal Court's 2002 annual report, there were 492 first-time OAI offenders during the year, a dramatic decrease from over 1,000 cases in 1996. A recently instituted Wisconsin law stipulates that if Fox is caught driving again after his license has been revoked, he can be charged with a criminal offense.

Though Fox was easily identified as a drunken driver, OAIs are sometimes difficult to define, Smith said. Anything that impairs a driver's ability to operate a vehicle, including prescription or illegal drugs, can be considered intoxicating.

"If it impairs your ability to drive an automobile, you can be charged with OAI," Smith said.

"We're given a lot of leeway for evidentiary collection," Smith said. For example, the police can take blood samples from suspects too injured to perform field or chemical tests if they are suspected of being under the influence, and a refusal from a person believed to be intoxicated is grounds for probable cause, he said.