LIHUE — A Kapaa man was sentenced to five years in prison Thursday after he was arrested for his sixth drunken driving offense. Dominic Martin Murguia, 48, was arrested by Kauai police just after 1:30 p.m. on April 30 and
LIHUE — A Kapaa man was sentenced to five years in prison Thursday after he was arrested for his sixth drunken driving offense.
Dominic Martin Murguia, 48, was arrested by Kauai police just after 1:30 p.m. on April 30 and charged with habitually operating a vehicle under the influence of an intoxicant. He refused to submit to a sobriety test, and was also driving with a suspended license.
“You’re a danger to the other people in our community when you get on the road because you can’t control your drinking,” said Chief Judge Randal Valenciano of the 5th Circuit.
Valenciano said it is fortunate the defendant has not gotten into an accident and hurt anyone yet. At this point, he said the court had no option than to protect the community from that possibility.
The court granted the prosecutor’s motion to revoke the defendant’s probation. The arrest occurred while Murguia was serving probation on a previous OVUII, and while he was on a three-day pass from an in-patient addiction treatment program on Oahu.
In that case Murguia pleaded guilty to habitual OVUII and was sentenced to a year in jail and a five-year term of probation on July 1, 2010. His license was also suspended for five years.
County Deputy Prosecuting Attorney Ramsey Ross said the April OVUII was the sixth offense. Murguia’s previous OVUII convictions occurred in 1999, 2003, and three more in 2008, he said.
Ross said the state would object to offering the defendant admission to Drug Court. He recommended the open term in prison.
County Prosecuting Attorney Justin Kollar said he was pleased the court recognized the threat that drunken driving presents in the community.
“While it is frightening that the defendant was convicted six times, it is even worse to think of how many times he drove drunk and wasn’t caught,” Kollar said. “Drunk driving is a violent crime and it is only by the grace of God that this individual hasn’t killed or seriously injured someone. It has to stop somewhere.”
Court-appointed defense attorney Caren Dennemeyer argued that Murguia has a serious underlying alcohol problem and that prison was not the answer. She said he did well on previous passes from treatment and was in the 11th month of a 12-month program.
Dennemeyer asked for HOPE probation (Hawaii’s Opportunity Probation with Enforcement) which offers frequent drug testing and jail sanctions for violations, and for another opportunity at an in-patient treatment program to address the underlying problem. Putting him in jail would not give him the tools to prevent this from happening again when he gets out, she said.
