An Eau Claire man will spend three years in prison for drunken driving for the eighth time after a deputy pulled him over for a loud exhaust system.
David A. Colby, 48, 3626 Seymour Road, pleaded no contest recently in Eau Claire County Court to a felony count of eighth-offense drunken driving.
Judge Sarah Harless ordered Colby to spend four years on extended supervision following his release from prison.
Colby was fined $1,855.
Harless also ordered a lifetime revocation of Colby’s driver’s license.
According to the criminal complaint:
An Eau Claire County sheriff’s deputy was observing traffic on Curvue Road at 1:10 a.m. Aug. 1 when he heard a vehicle with a loud exhaust system approaching his location.
The deputy could hear the vehicle before he could see it.
The vehicle came into his line of sight at a speed of 43 mph in a posted 35 mph zone.
The deputy activated his emergency lights and conducted a traffic stop.
The deputy identified the driver as Colby.
When asked why he was being pulled over, Colby said he didn’t have a valid license and his license was revoked for a previous drunken driving arrest.
The deputy noticed the smell of intoxicants coming from Colby’s breath.
When asked how many alcoholic drinks he drank, Colby said “not that much.”
Colby had slurred speech and glossy eyes.
Colby failed field sobriety tests.
A breath test showed Colby’s blood alcohol level was 0.187, which is more than two times the legal limit for driving.
Colby was arrested and taken to HSHS Sacred Heart Hospital for a blood draw.
Colby did not have an ignition interlock device installed on his vehicle.
A check of state Department of Transportation records showed Colby’s driving status was canceled on April 23 and he is required to have an ignition interlock device in any vehicle he owns or operates.
Colby was previously convicted of drunken driving in August 1992, October 1992 and January 2001 in Eau Claire County, in July 1994 and February 1996 in Trempealeau County, and in October 2007 and November 2011 in Chippewa County.