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Thirty-one Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of September 22, 2008.
Twenty-two of those defendants were sentenced for OWI First Offense.
OWI, First Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in the County Jail and a maximum fine of $1250. The Court MUST impose a minimum of two days incarceration and a fine of $1,250, upon conviction.
Those defendants being sentenced for OWI First Offense the week of September22, 2008 were: Hassan A. Hired, Kathryn A. Balk, Tyler L. Mather, Brianna J. Glenn, Joseph Rankin Belkofer, Rebecca J. White, Jamie Lynn Hatfield, Daniel S. Braun, Thomas S. Holdefer, Brian M. Houser, Nathan Daniel Bourland, Richard J. Foster, Mitchell H. Williams, Sara M. Hinds, Kyle P. Burch, Andrew Roeth, Susan R. Pangburn, Jason Weir (Weir was sentenced to 90 days in the Polk County Jail for OWI First Offense and Possession of Marijuana; Weir has a long record of charges and convictions in Polk County), Thomas Joseph Birch, Troy Thomas Thacker, Kimberly S. Harper and Michael Sean McCleary.
Of those defendants sentenced for OWI first offense this week, seven had a test of greater than .160 (twice the legal limit) and five refused the chemical test. The low chemical test among this group was .087 and the high test was .246 (over THREE times the legal limit).
Nine Defendants were sentenced for OWI Second Offense. OWI second offense is an Aggravated Misdemeanor punishable by up to two years in prison and a fine of up to $5,000. The Court MUST impose a minimum of seven days incarceration and a minimum fine of $1875 upon conviction of Second Offense OWI. The defendants sentenced for OWI second offense this week were: Donald C. Keithline, Jamie Rubio, Kenneth Leroy Barnett, Rusty Dean Walker, Nicholas J. Wiese, Brady Kent Essman, Anthony T. Miklus, Andrew John Host and Nathan Young. Miklus received a 20 day jail sentence, Wiese received a 30 day jail sentence, Host and Rubio were sentenced to 45 days in jail and Barnett was sentenced to 60 days in jail. All other OWI second offense defendants were sentenced to the minimum allowed by law, seven days.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .095 to a high of .227 (almost three times the legal limit).Two of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the Thirty-one defendants sentenced for OWI first or second offense, nineteen tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There were no defendants sentenced this week for Third Offense OWI. Third Offense OWI is a Class D felony, punishable by up to five years in prison and by a fine of up to $7500. The Court MUST sentence a Defendant convicted of Third Offense OWI to a minimum of thirty days in jail and a minimum fine of $3125.
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau of Polk County Attorney John Sarcone’s Office.
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