DUI Driver Blows .177

(GERING, Neb.) — A man was sentenced to 30 days in jail after recording a blood alcohol concentration more than twice the legal limit following a traffic stop early September 19 in Scottsbluff.

Juan K. Castro Zelaya, 44, pled guilty in Scotts Bluff County Court to driving under the influence with a blood alcohol concentration of 0.15 or higher, a Class W misdemeanor; no operator’s license, a Class 3 misdemeanor; and refusal to submit to a preliminary breath test, a Class 5 misdemeanor.

According to an affidavit of probable cause filed by Scottsbluff Police Officer Tyler Littau, the incident began at about 1:50 a.m. near West Overland Drive and Avenue L. An officer at a nearby impound lot noticed a silver 2007 Chevrolet TrailBlazer traveling at a very low rate of speed, with its front bumper hanging near the ground and interior lights on.

Officers observed the vehicle run a stop sign, stop in the middle of an intersection, turn and then run a second stop sign on Avenue L. After officers initiated a traffic stop, the vehicle repeatedly swerved while traveling at about 5 mph before stopping in the 1700 block of Avenue L.

When officers approached, Castro Zelaya did not roll down his window. Instead, he activated his turn signal and windshield wipers. He eventually opened the driver’s door, and officers detected a strong odor of alcohol and observed bloodshot eyes. Castro Zelaya did not have a valid driver’s license and presented a Honduran identification card. Littau noted that despite a language barrier, Castro Zelaya communicated through hand signals that he was “drunk.”

During a field sobriety assessment, Castro Zelaya argued with a translator over the phone and refused a preliminary breath test. He was arrested and taken to the Scotts Bluff County Detention Center.

With assistance from an in-person interpreter, Castro Zelaya submitted to a DataMaster breath test, which showed a BAC of 0.177.

Castro Zelaya was sentenced September 21 to 30 days in jail, with credit for three days served. His driver’s license was revoked for one year, and he was ordered to pay $675 in fines: $500 for DUI, $75 for driving without an operator’s license and $100 for refusing the preliminary breath test.