Habitual drunk driver fined, has license revoked

WAILUKU — A driver whose blood-alcohol level was measured at more than three times the legal limit was ordered to pay a $2,000 fine for repeatedly driving under the influence of alcohol.

Mark Long, 50, of Kihei was placed on five years’ probation as part of his sentence imposed Wednesday.

He had pleaded no contest to habitually driving under the influence of alcohol, a felony charge that can be brought when someone arrested for DUI has two prior impaired driving convictions within 10 years.

Deputy Public Defender Heather Wolfenbarger said Long “is turning a corner” since his arrest May 14, 2020.

“He is no longer drinking and he no longer drives,” she said. “Those are positive developments.

“He is relying on public transportation, walking or staying home. It’s to the point where it sometimes impacts his employment because he is not wanting to drive.”

Long’s goals were to stay out of trouble and complete probation, after previously spending 51 days in jail, Wolfenbarger said. “That stint in jail is probably unlike any other because of the ongoing coronavirus pandemic,” she said.

According to court records, Long had DUI convictions in 2015 and 2019.

When 2nd Circuit Judge Kirstin Hamman asked what he was doing differently this time, Long said he had quit drinking since January. He said he lost jobs because he was in jail.

“Those are all consequences of your actions,” Hamman told Long. “I hope you understand that and make the decision to move in a different direction.”

When she noted that Long’s blood-alcohol level was measured at .277 percent, more than three times the legal limit of .08 percent, Long said he was parked in front of his house when he was arrested.

Wolfenbarger said the traffic stop was initiated close to his home and Long pulled over into his driveway.

“That’s an extremely high level,” Hamman said. “With that level of alcohol, whether you’re close to your home or far from your home doesn’t matter. The fact that you’re behind the wheel, you have the potential to injure or kill another person. It’s concerning to the court that you don’t seem to appreciate the gravity of the situation.”

Long said he did but didn’t know his blood-alcohol level was that high.

The judge said she hoped Long had made changes while following a plea agreement between the defense and prosecution in placing Long on five years’ probation.

His driver’s license was revoked for three years, to run at the same time as an 18-month administrative revocation that took effect May 19, 2020.

Long was ordered not to consume alcohol or illegal drugs and to install a continuous alcohol monitoring device for at least 90 days.