Attorney successfully argues Hopper's OWI result of political conspiracy

CREATED Mar 23, 2012 - UPDATED: Mar 23, 2012

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FOND DU LAC- A jury found former state Senator Randy Hopper not guilty of drunk driving.

The former state Senator beat a drunk driving case -- because his lawyer argued the charge was a conspiracy built on political revenge.

Randy Hopper may have stumbled in a field sobriety test -- but his lawyer told TODAY'S TMJ4 Friday night -- Hopper can finally stand tall.

"Honestly, I don't know that I've ever been happier for a client.  What that man has had to endure in the last 12 months is sickening," said Hopper's attorney Dennis Melowski.

Last August, Hopper was recalled -- for his support of Governor Walker's collective bargaining bill.  In October, he was arrested for drunk driving.  A couple of citizens tailed Hopper's SUV and called in a drunk driving tip to the Fond du Lac sheriff.

Attorney Dennis Melowski argued those callers were driven by their politics.

"Not only did they sign recall petitions, they circulated recall petitions," said Melowski.

It helped that there was no admissible blood alcohol evidence.  A preliminary breath test showed Hopper with a BAC of .13 -- but those tests are not recognized by Wisconsin courts.

Though they could have -- but authorities never gave Hopper a blood test.

The former state Senator did not want to take a breath test back at the station -- for fear unioninzed deputies would alter it.

"All they wanted was a breath test that police control.  The blood test is contolled by the hospital and the state lab in Madison -- certainly more independent that the police," argued Attorney Dennis Melowski.

In court -- the family that followed Hopper and called the sheriff, testified they had no idea who was driving.  And the sheriff called any conspiracy theory -- "bizarre."

The Fond du Lac Reporter says that Circuit Court Judge Robert Wirtz on April 25 will rule on a charge of refusing to take a test for intoxication after arrest.