Man fined, placed on probation for habitual DUI

Arrested for driving into a wall while intoxicated

WAILUKU — A man with three prior DUI convictions was ordered to pay a $3,000 fine and was placed on four years’ probation after he was arrested for driving into a wall while intoxicated last year.

Jose Bermejo Barrera, 40, of Kihei was sentenced Wednesday after he pleaded no contest to habitually driving under the influence of an intoxicant.

Bermejo Barrera, who works for a concrete business, was driving a company truck when he ran into the wall of a residence on South Kihei Road shortly after 9 p.m. March 13, 2020, said Deputy Prosecutor Carson Tani.

He said Bermejo Barrera’s blood-alcohol level was measured at 0.122 percent, over the legal limit of 0.08 percent.

He was charged with felony habitual DUI based on his prior DUI convictions in 2010 and 2014, when his license was revoked, Tani said. Bermejo Barrera also had a DUI conviction in 2004.

Tani said the plea agreement recommending probation was reached because the police officer who conducted field sobriety and Breathalyzer testing on Bermejo Barrera and interviewed him wouldn’t be able to testify at a trial.

If not for that, 2nd Circuit Judge Rhonda Loo, said Bermejo Barrera would be facing a five-year prison term. She followed the plea agreement in sentencing Bermejo Barrera, who was helped by a court-certified Spanish interpreter at the hearing.

“We believe it’s a fair agreement under the totality of the circumstances,” defense attorney William Sloper said. “Despite the fact that the government’s main witness would be unable to testify at trial, Mr. Bermejo still wanted to take responsibility for what happened.

“We believe the four years’ probation would be the good supervision he needs to assure there’ll be no more drinking. Other than the drinking problem, he remains a very active and successful member of our community.” Sloper said the company paid for repairing the wall that was damaged.

“You do have a drinking problem and it is a big problem that needs to be fixed, probably with the concrete that you use at work,” Judge Loo told Bermejo Barrera.

“You can fix walls with concrete. You cannot always fix people with concrete.”

Bermejo Barrera was given credit for one day he had spent in jail and was ordered to perform 200 hours of community service and pay $1,087 in fees.

His driver’s license was revoked for five years.