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C-Falls man avoids DUI No. 4 sentence for 2nd time

by Richard Hanners Hungry Horse News
| January 8, 2014 7:30 AM

A felony DUI charge for a 35-year-old Columbia Falls found passed out behind the wheel with the engine running at Mike’s Conoco in Columbia Falls was amended to a misdemeanor due to lack of evidence in the case.

This marks the second time Dustin Hanson avoided sentencing for a DUI No. 4 charge, which calls for 13 months with the Montana Department of Corrections followed by a five-year suspended sentence and a $1,000 to $10,000 fine.

In accordance with the amended charge and a plea agreement, Flathead County District Court Judge Heidi Ulbricht sentenced Hanson on Dec. 27 to six months, all suspended with credit for time served, and a $1,000 fine. He was also ordered to undergo chemical dependency evaluation and follow recommended treatment.

According to court records, Columbia Falls police found Hanson slumped over his steering wheel at about 10:30 a.m. on Sept. 13. Officers shut off his engine and summoned medical personnel after he didn’t respond right away.

Records showed Hanson had three prior DUI convictions — in November 1999, December 2000 and April 2003. But he also faced a felony DUI charge along with a felony criminal endangerment charge seven years ago after he led police on a long, fast and wild car chase in rural Whitefish in June 2006.

That felony DUI charge was amended to felony criminal endangerment in January 2007 after public defender Courtney Nolan and the Flathead County Attorney’s Office agreed to a plea deal. District Court Judge Stewart Stadler sentenced Hanson according to the plea deal, giving him a three-year deferred sentence and a $1,000 net fine.

This time, Hanson’s DUI No. 4 charge was lowered to a misdemeanor because a blood sample was never collected and a video of the incident wouldn’t play.

Hanson had failed field sobriety tests but refused to provide a blood or breath sample. He testified in court that he went to the hospital willingly but no one ever requested that he provide a blood sample.