Irwin gets max sentence for felony DUI

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Craig Irwin will spend five years in prison for a felony drunken driving conviction.

South Central District Judge Tom Schneider sentenced Irwin to the maximum for a Class C felony, five years, for Irwin's fifth such offense in seven years. He also sentenced him to concurrent one-year and 30-day sentences for driving under revocation and driving without liability insurance, respectively.

Irwin pleaded guilty Wednesday afternoon to all three offenses, which stemmed from a June 30 traffic stop. The traffic stop occurred about 10½ hours after Irwin was released from jail on bond in a misdemeanor DUI case in Burleigh County.

The Morton County driving under the influence conviction appears to be Irwin's 17th such offense, Schneider said.

Irwin has made headlines for years for his many convictions for driving under the influence and other driving offenses. Most recently, he pleaded guilty to the Burleigh County DUI and a companion driving under suspension charge. South Central District Judge Robert Wefald sentenced him in December to one year with three months suspended for the DUI and one year with nine months suspended for the DUS.

Wefald cited Irwin's success in a program that requires twice-a-day breathalyzer tests to ensure sobriety as the reason for imposing a sentence less than the maximum.

Wayne Goter, Irwin's appointed defense attorney, argued Wednesday that Schneider also should give Irwin the minimum mandatory sentence, 180 days and a $1,000 fine, for the DUI because of his success in the program. Morton County State's Attorney Allen Koppy also did not recommend a sentence higher than the minimum mandatory.

Koppy said the reason he was not recommending a stricter sentence was because Irwin did not drive far during the June 30 traffic stop.

"I think Mr. Irwin probably went a total of four blocks,"he said.

Goter said many people have expressed support for Irwin, whom he said has changed for the better during the past few months.

"Iknow there are people who are skeptical, but people can change," he said.

Irwin said he was willing to do anything the court wanted to impose in order to prove he could stay sober once released from custody.

"I've never really got the chance to prove to the system or myself that I could" stay sober, he said.

Schneider was concerned about Irwin's lengthy record, including both driving and criminal offenses.

"Basically, I think you're going to have to earn your way out of jail,"the judge said. "With your record, 17 DUIs, I cannot justify giving you a lighter sentence."

Irwin will receive credit for 100 days served, and the Morton County sentence will be served at the same time as the Burleigh County sentence. Goter said Irwin has been moved to the minimum-security Missouri River Correctional Center from the prison and was on track to perhaps be moved to the Bismarck Transition Center.

Irwin's wife, Amanda, sobbed as Schneider sentenced her husband. After the hearing, she said their two children will be 6 and 7 years old when he gets out of prison.

"That's all that keeps running through my head," she said.

Amanda Irwin said they "had our hopes up" that Irwin would receive the minimum mandatory sentence since prosecutors weren't asking for more than that.

"I'm disappointed," she said, also noting she understood the judge's reasoning. "I understand the severity of his crime."

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)

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