Second felony DUI earns Gardnerville man trip to prison

A 50-year-old Gardnerville man was sentenced Tuesday to a second prison term for felony driving under the influence.

District Judge Dave Gamble sentenced Michael Stewart to five years in prison, with a two-year minimum for parole.

Stewart's lawyer, Derrick Lopez, said his client had done well for several years, attending Alcoholics Anonymous, but started drinking again in 2008.

He was arrested June 13 with a blood-alcohol content of .209, more than twice the legal limit of .08 for driving in Nevada.

Lopez said Stewart was dealing with throat and bladder cancer.

"He has no way of knowing how long his life will be. He wants to be a contributing member of society," Lopez said.

Gamble told Stewart he has to quit drinking.

"If you actually would like to live, you actually just have to quit drinking," Gamble said. "This is not a way to live. It is a ridiculous waste of this part of your life. You are 50 years old. It's way past time."

Stewart apologized for his relapse.

His previous felony conviction was in 1997 in Los Angeles. Under Nevada law, with a previous felony, the next DUI conviction means a return to prison.

Stewart was fined $2,000 and given credit for 53 days in Douglas County Jail.