A Montana man’s previous convictions for driving under the influence in Colorado may influence his sentencing, following his eighth DUI arrest in another state. The man was pulled over after passing a police officer at a reported speed of 51 miles per hour in an area zoned at 35 mph.
Upon pulling the driver over, the officer reported detecting alcohol on his breath. After being questioned by the officer, the man admitted to having drunk three beers at a local bowling alley before getting behind the wheel. After failing a field sobriety test, the man was arrested and taken to jail, where his blood alcohol level was determined to be 0.176, well above the legal limit for driving.
The man initially bonded out of jail and appeared in court the following day. However, the justice of the peace remanded him back to jail on a higher bond.
This is where matters become a bit more complicated. The man has prior DUI arrests on his record; three from Colorado and four from Montana. In the state of Montana, fourth and subsequent DUIs are considered felony offenses. At this point, it is unclear whether or not the man’s DUIs from Colorado will be counted against him in his DUI total. If so, his sentencing could be significantly more severe than otherwise. The senior deputy county attorney indicated that for the Colorado DUIs to count toward his record, the statutes of the two states would have to be significantly similar. Either way, the latest offense will be considered a felony, but if it is considered his eighth felony, that may change the sentencing significantly.
It is a vital part of the criminal justice system for all who are accused to be given the opportunity of a proper defense. Regardless of the nature of your charges, the representation of an experienced criminal defense attorney can help ensure that you are treated fairly in the eyes of the law.
Source: missoulian.com, “Judge sends man back to jail after his eighth DUI,” KASEY BUBNASH, July 25, 2016