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Felony DUI arrest on Blankenship Bridge

by Hungry Horse News
| July 16, 2013 7:17 AM

A 41-year-old West Glacier man faces a felony DUI charge after he was found sleeping at the wheel on the Blankenship Bridge.

If convicted, John Derby faces up to 13 months with the Department of Corrections followed by a consecutive but suspended five-year prison sentence and a fine of $1,000 to $10,000. His next hearing is scheduled for Oct. 16.

According to court records, a Flathead County sheriff’s deputy responded to the bridge on June 12 around 1:30 a.m. and spoke with medical personnel who allegedly found Derby passed out in his vehicle. Medical personnel said the vehicle was running when they arrived, and they and the deputy allegedly saw an open beer can in one of the vehicle’s cup holders.

The deputy reported that Derby had slurred speech, was incoherent, failed field sobriety tests and refused to provide a breath sample both at the scene and later at the Flathead County Detention Center.

Derby was transported to Kalispell Regional Medical Center for a blood draw, and the blood was sent to the Montana Crime Lab. He had prior DUI convictions in February 1997, March 2007 and August 2008.

Derby was appointed a public defender. He was released after he posted a $25,000 bond and was ordered to wear a SCRAM device.