CLEARFIELD – A Philipsburg man charged with aggravated assault by vehicle while driving under the influence was sentenced to state prison in Clearfield County Court.
Harold Wayne Oswalt, 55, pleaded guilty to aggravated assault by vehicle while DUI, DUI, accidents involving death or personal injury, driving under suspension-DUI related and summaries. He was sentenced to four to eight years in state prison. The lengthy sentence is due to Oswalt’s prior record, which includes previous DUI cases.
He was fined $2,067 plus costs and must pay restitution of $16,669. He must complete the DUI school, surrender his license and complete a drug/alcohol assessment. He was also ordered to comply with Act 63, which requires he install an ignition interlock system in his vehicle or lose his license for an additional year.
According to the affidavit of probable cause, on Sept. 25 at 2:17 p.m., police arrived on the scene of a two-vehicle accident in West Decatur. Oswalt was the operator of the first vehicle involved.
As police spoke with him, they noticed a strong odor of an alcoholic beverage coming from him. Oswalt’s speech was slow and slurred and his eyes were blood shot and glassy. He refused treatment for what appeared to be a broken arm.
When asked if he had consumed any alcohol, he admitted he had three beers. He also stated he hadn’t had a driver’s license since 1986 due to previous DUI’s.
The victim, Kevin Forsht, told police he was driving east when he saw a van trying to turn. It stopped and then started to go straight again. He said he attempted to move to the right and the van struck his vehicle. Two witnesses also stated that the van turned into the other vehicle.
The victim told police that he suffered a broken tibia, two fractured ribs, a separated shoulder and a lacerated spleen as a result of the accident.
A test revealed that Oswalt’s blood alcohol content was 0.146 percent. The legal limit of intoxication in Pennsylvania is 0.08 percent.