DUI brings jail sentence with
Express Staff Writer
woman convicted of her fourth DUI since 1994, three of them involving
driving with a child, was sentenced Monday to a suspended prison sentence
and six months in Blaine County Jail with work release.
Lathrop, 43, was on probation for her third DUI, a felony, when she was
arrested last November after a breath test showed she had been driving
with a blood alcohol content of .20, according to 5th District
Court documents. The legal limit is .08.
law, a third DUI arrest after two convictions in the preceding five years
is charged as a felony. A fourth arrest after three convictions in the
preceding 10 years is also a felony. Conviction of felony DUI carries a
maximum prison sentence of five years.
District Judge James May had imposed a suspended prison sentence of three
to five years upon Lathropís third conviction. A breath test had
registered a blood alcohol content of .29 at the time of that arrest in
May sentenced Lathrop to another suspended term, of three to six years,
and ordered her to spend six months in the Blaine County Jail with daytime
release to go to work. Under his retained jurisdiction order, he will
review the case at the end of that period.
attorney, Fritz Haemmerle, had told the court that she had been making
good progress with an Alcoholics Anonymous program. A character witness
also said Lathrop had been doing well.
think her rehabilitation depends on her staying in this community and
following this," Haemmerle said.
said her fall off the wagon was precipitated by taking a prescription drug
to combat anxiety. She said the drug has been known to cause people to
return to substance abuse.
Prosecuting Attorney Marilyn Paul recommended a prison sentence of four to
five years. She pointed out that Lathrop was on probation when arrested
and had a pattern of driving drunk with children in the car.