The Laramie Boomerang has reported that a man, guilty of a fourth DUI in ten years – a felony – will now be facing up to two years in prison and up to a $10,000 fine.
A.W., 29, entered his guilty plea in the 2nd Judicial District Court.
A.W. was arrested in September after his Toyota pickup truck rolled over near the corner of Curtis Street and Welsh Lane.
Prosecutors agreed to recommend probation, and that A.W. be placed in the Albany County Adult Drug Court Program, in exchange for his guilty plea. But District Judge Jeffrey Donnell told A.W. that any recommendation made by the prosecution was just that – a recommendation – and is not binding.
Judge Donnell warned A.W., “My default sentence for serial drunk driving cases like this is 18 to 24 months in the state penitentiary. You can assume that to be the case here.”
Though A.W. was freed on a $10,000 signature bond until he is sentenced, Donnell added that A.W. is restricted from operating any motor vehicles and prohibited from consuming alcohol.
Judge Donnell said, “Clearly, you can’t do it responsibly, so you don’t get to do it. One more thing Mr. (A.W.), if you take a drink between today and when we get back here for sentencing, you can just assume you’ll be heading to the penitentiary.”
At 10:17 p.m. September 20, Albany County Sheriff’s Office deputies responded to a call of a single-vehicle rollover. The Affidavit of Probable Cause stated that deputies found the Toyota truck upturned onto its driver’s side with several cans of beers strewn around the ground next to it.
Officers then noted that two men were standing near the truck, and one identified himself as the driver, A.W.
Deputy C.H. reported that A.W. had bloodshot, watery eyes. A.W. also failed to maintain his balance, slurred his speech and smelled of flavored alcohol.
A.W. admitted to consuming approximately two beers and a single shot of Tequila at the Albany Lodge before he decided to drive back to Albany.
The second man identified himself as E.W., A.W.’s brother. E.W. referred to A.W. as “wasted” to deputies.
A.W. refused to take a field sobriety test. He was arrested at 10:46 p.m. on suspicion of drunken driving.
Once A.W. was taken to the Albany County Detention Center deputies obtained a search warrant and gained a sample of A.W.’s blood.
Albany County deputy prosecutor E. Kurt Britzius said that the results of the test proved that A.W. had a blood alcohol content of 0.12 percent – 1.5 times the legal limit in Wyoming to drive.
Deputy C.H. learned that A.W. had three other DUI arrests in his driving records, and pleaded guilty each time: September 30, 2004, October 18, 2005 and October 6, 2006.
A.W., in confirming the amount of alcohol he had told the detective he had consumed, told Judge Donnell, “I had no lunch that day, your honor, and nothing to eat” to which the judge replied, “How stupid do you think I am? That is not physically possible with a 0.12 blood alcohol content. I don’t believe you. You were drunk driving.”
Facing charges of DUI, DWI, OUI or OWI? Contact a DUI attorney to help you avoid your loss of driving privileges, stiff fines and lengthy jail time.