Saying he didn't believe a Gardnerville man who claimed he would succeed under a special program, District Judge Michael Gibbons sentenced Robin Miles, 49, to 1-3 years in Nevada State Prison for felony driving under the influence of alcohol.
His most recent arrest was in front of his son's home after he had been drinking in Gardnerville.
Young said Miles had a .28 blood alcohol content at that point.
Miles' attorney Tod Young argued that under the DUI diversion program, his client would be supervised for years to come.
"He's diabetic who stands a chance of killing himself if he continues to drink," Young said. "If he goes into the program he will be supervised for up to five years. If he goes to prison, he won't have the same supervision."
Gibbons pointed out that Miles, who was arrested for his third DUI on April 21, had violated house arrest and a court order not to drink. On one occasion, Miles failed to attend a court hearing because he had been drinking.
"An objective reading shows Mr. Miles is not a good candidate for diversion," Gibbons said. "Put that together with the fact that he can't follow a court order, or even his own health. Mr. Miles, I don't trust you to do what your supposed to."
Gibbons said sending Miles to prison would require him to spend at least a year sober.
