A Stevensville man is facing a fifth DUI charge after being arrested by the officer he flagged down to ask if a store was open.
Michael Eugene Silva, 54, appeared Monday on a felony DUI charge and misdemeanor count of driving while license is suspended.
An affidavit filed in the case said a Ravalli County sheriff’s deputy was patrolling through Stevensville when he spotted a truck pulling into the Ole’s gas station about 1:40 a.m. on Sept. 6.
The deputy watched as the driver exited the vehicle and then began stumbling around the front of the store.
Silva then waved the deputy down to ask him if the store was still open so he could get gasoline.
The deputy could smell alcohol on Silva and noted the man had bloodshot and watery eyes, was slurring his words and was extremely unstable on his feet.
Silva allegedly admitted that he had been drinking.
The Nevada driver’s license Silva provided the officer was suspended.
Silva was unable to complete the field sobriety test. A preliminary breath test found a .331 breath alcohol content.
In Montana, a person is considered impaired at .08 BAC.
Silva has four prior DUI convictions from Colorado, Utah and Nevada.
Ravalli County Justice Robin Clute set bail at $10,000, with a requirement that Silva be tested for alcohol if released.
In other justice court news
• Stacey Marie Bolinger, 31, of Darby, was charged with felony criminal child endangerment and misdemeanor counts of DUI, possession of drug paraphernalia, and operating a vehicle outside the lane line.
Bolinger was arrested Sept. 6 at about 9 p.m. after a Hamilton police officer made a traffic stop following a report of an impaired driver.
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The officer noted that Bolinger’s eyes were red and watery. He also could smell a slight odor of alcohol coming from inside the vehicle.
The officer saw Bolinger’s 3-year-old daughter sitting in the backseat in a child seat.
Bolinger was unable to complete a field sobriety test. She refused a preliminary breath test. A search of the vehicle found a pipe that smelled of marijuana.
Clute set bail at $2,500.
• Michael C. Carn, 30, of Hamilton, was arrested for felony criminal possession of dangerous drugs and misdemeanor partner or family member assault.
Court records said a sheriff’s officer responded to a domestic disturbance report on Goddard Lane in Hamilton Sept. 7.
The officer was told that an argument had ensued over Carn’s drinking and he had thrown a jug of maple syrup at his girlfriend.
After Carn was taken into custody, one diazepam pill was found in his pocket. Carn said he didn’t know where it came from.
Clute set bail at $5,000, with alcohol monitoring.
• Tyler James Yeager, 36, of Stevensville, was arrested for felony tampering with a witness.
Court records said Yeager was out on bail on charges of sexual assault on Sept. 5 when he sent a text message asking the alleged victim if she would drop the charges.
The victim told an officer she was afraid he would come to her home and try to cause her harm.
When confronted, Yeager allegedly admitted that he sent the text and that he had been drinking that night.
Bail was set at $2,500.