A Gardnerville man must serve at least two years in Nevada State Prison before he is eligible for parole on two felony convictions of driving under the influence.
In a plea bargain with the district attorney's office, Patrick McKinnon, 54, agreed to plead guilty to the charges incurred after 22 months in the DUI diversion program designed to keep drunk drivers out of prison.
McKinnon was arrested Sept. 12 in a traffic stop with a blood-alcohol content of .30, nearly four times the legal limit of .08 for driving.
In addition to the Sept. 12 charge, McKinnon was sentenced Monday to prison for DUI convictions from April 2004, June 2007 and October 2008.
He was represented by attorneys Derrick Lopez and Tod Young on the charges.
District Judge Michael Gibbons gave McKinnon credit in the 2008 conviction for 180 days on house arrest and 62 days in Douglas County Jail.
He received 65 days credit for the 2010 offense.
The sentences must be served consecutively.
The maximum is 30 months in the 2008 case and 42 months in Nevada State Prison.
A charge that McKinnon tried to lure a 12-year-old boy into his vehicle in a separate incident July 22 was dropped as a result of the plea agreement.
Young said Monday it was a case of mistaken identity, that McKinnon thought the boy was his son whom he had not seen for three years.
"I'd gone to the board shop (Outer Limits) for my son's birthday. We'd texted earlier about meeting there. A young man showed up. He looked very, very much like my son whom I hadn't seen for three years. I never offered him ice cream," McKinnon said.
He told Gibbons he didn't come closer than 10-15 feet from the boy and when the child turned around, McKinnon realized it wasn't his son.
"I said, 'Oh, my God. I apologize.' There was no ulterior motive on my part. I expected my son to be there," McKinnon said.
Gibbons gave McKinnon a lengthier sentence on the Sept. 12 DUI because of aggravating circumstances.
"You'd been given the benefit of supervision and counseling and you couldn't keep your sobriety. You were out drinking and driving. A .30 is a very high alcohol level. It gives a black eye to the (DUI diversion) program to have somebody fail. With a .30, anybody anywhere near you is in danger of dying and that includes yourself," Gibbons said.
"Quit drinking and take advantage of the programs in prison," Gibbons said.
