Sexual offender charged with DUI No. 4

A 50-year-old Columbia Falls man pleaded not guilty in Flathead County District Court on Aug. 16 to felony DUI.

James Whitaker faces 13 months with the Department of Corrections, a consecutive five-year suspended sentence and a fine of $1,000 to $10,000 if convicted. Whitaker is also on probation for felony sexual assault.

According to court records, a Flathead County sheriff’s deputy observed Whitaker purchase two six-packs of beer at Mike’s Conoco in Columbia Falls about 11 a.m. on July 26. The deputy said Whitaker’s eyes were bloodshot, his speech was slurred and he smelled of alcohol.

The deputy followed Whitaker to an Oldsmobile that he didn’t own and didn’t have permission to drive. Upon questioning, Whitaker allegedly admitted to drinking earlier in the morning. He then allegedly failed six out of six field sobriety tests and blew a 0.351 blood-alcohol content at the county jail. The legal limit is 0.08 BAC.

A check of Whitaker’s traffic history showed he had three prior DUI convictions — in July 2003, June 2007 and February 2011. Whitaker’s next hearing is scheduled for Oct. 31.

Whitaker was charged with felony sexual assault after a mother reported to sheriff’s deputies in October 2008 that Whitaker had sexually assaulted her 13-year-old daughter. At one point, Whitaker allegedly fell naked onto the mother’s bed while she was sleeping in it, and the daughter was seen sitting beside him.