JAMES CONWAY

IRON MOUNTAIN — A Fair Haven man convicted of driving while drunk in January will spend one year in jail with a 23-month prison sentence held in abeyance.

James Conway, 44, was sentenced March 3 in Dickinson County Circuit Court for operating while intoxicated, third offense, a felony punishable by up to five years in prison.

Defense attorney Dan Jaspen said Conway understood he struggled with alcoholism and that any future offense would likely send him to prison.

Jaspen asked Dickinson County Circuit Judge Mary Barglind follow the recommendation in the pre-sentence investigation report for a 12-month jail sentence, though Conway scored high enough for a prison commitment.

Dickinson County Prosecuting Attorney Lisa Richards said deciding whether Conway should be sentenced to prison or the county jail was a “close call,” noting while Conway had sustained periods of sobriety in the past, his blood-alcohol content at the time of his arrest was far above the legal limit.

Richards asked if Barglind followed the recommendation, she fashion a sentence that left no room for error.

“This is Mr. Conway’s second felony drunk driving conviction in three years,” Richards said. “It’s his sixth arrest for drunk driving.”

Conway apologized to his family and the court for his actions.

“My decision to drink and drive — or even to drink again — was extremely selfish and stupid,” Conway said.

Barglind noted much of Conway’s criminal history stemmed from his alcohol consumption and encouraged him to maintain his sobriety.

“Some people, Mr. Conway, cannot drink,” Barglind said. “You are one of those people.”

Barglind sentenced Conway to 12 months in jail and placed him on probation for two years and six months, holding a 23-month prison sentence in abeyance and warning a violation of any kind would send him to the Michigan Department of Corrections.

“It’s been predetermined,” Barglind said. “I will not accept or consider anything else.”

According to the criminal complaint, deputies with the Dickinson County Sheriff’s Office stopped Conway on Jan. 4 after they observed him stop and reverse his vehicle on U.S. 2 in Breitung Township.

The complaint stated Conway smelled of intoxicants; had slurred speech; bloodshot, watery eyes; and poor balance.

Conway reportedly told the deputies he had consumed “four or five” beers and an open bottle of beer was seen in the center console of his vehicle. He performed poorly on most field sobriety tests and registered .211% blood-alcohol content on a preliminary breath test, the complaint stated.

Conway initially was charged with alcohol-open container in vehicle — a 90-day misdemeanor — but in exchange for his guilty plea to the primary offense Feb. 3, Richards agreed to dismiss the charge.

In addition, Richards also agreed to recommend a sentence within the applicable guideline range.

Brian Christensen can be reached at 906-774-2772, ext. 229, or bchristensen@ironmountaindailynews.com.