Mabel man has ten drunk driving arrests

62-year-old Dale Donahue of Mabel is scheduled to appear in court Tuesday for a preliminary hearing on drunk driving charges filed against him in the wake of a two-vehicle traffic accident on August 30th.  It will not be his first court appearance.

Trial information submitted last week as part of Donahue's initial court appearance stated "This is his fifth Operating While Intoxicated arrest in the past 12 years and his 10th since 1978."

How can someone have ten arrests for drunk driving and not be in jail?  First of all, the State of Iowa's criminal code establishes a 12-year look back period.  In other words, since five of Donahue's ten arrests on drunk driving charges occurred before 2002, they are not part of the consideration of which charges to file in the case.  The previous arrests can be mentioned during any trial, but they cannot be part of deciding which charges to file.

Secondly, the fact that a charge of "third offense" drunk driving has been entered in this case does not mean that two more drunk driving arrests are being ignored.  The charge is actually "third or subsequent operating while intoxicated."  That's because Iowa considers third offense drunk driving a Class D felony—the most serious of all felonies.  A fourth offense or fifth offense drunk driving charge carries the same possible penalties as a third offense—the maximum possible penalties.  

Donahue also faces charges of not having a valid driver's license and not having proof of insurance.  Further information about those charges is expected to be filed on Tuesday, along with the information about the third (and subsequent) offense drunk driving charge.