A Darby man is facing a seventh DUI after being arrested May 4 following a breath test that indicated his alcohol levels were five times the legal limit.
David Sterling Windsor, 58, appeared last week in Ravalli County Justice Court on felony driving under the influence and misdemeanor charges of driving while license is suspended and possession of an open alcoholic beverage in a vehicle.
The Ravalli County Dispatch was first notified about an intoxicated driver entering Darby on May 3, but on that day the vehicle registered to Windsor couldn’t be found, according to an affidavit filed in the case.
On the next morning at 8:10 a.m., Darby Marshal John Ringer spotted the same Ford Ranger pickup driving near the Darby High School. He saw the driver was Windsor and reviewed security camera footage to determine Windsor was driving the same vehicle from the day before.
Ringer spotted the vehicle again at 1:47 p.m. and immediately activated his emergency lights to conduct a traffic stop.
The vehicle did not stop and continued at a slow speed to a nearby trailer park.
Ringer pulled in behind the pickup truck after it came to a stop and began to approach the vehicle. At that point, he noticed the backup lights come on and the vehicle started backing toward Ringer’s patrol vehicle.
The marshal began yelling “don’t back up. Don’t back up” and the vehicle stopped.
As soon as he neared the vehicle, the marshal could smell the heavy odor of alcohol. Windsor initially told the officer he had not been drinking.
After getting out of the truck and being patted down for weapons, Windsor told the officer that if he was going to be arrested, he planned to run.
The marshal could see an open bottle of Canadian LTD whiskey that was about two-thirds full. Windsor initially told the officer the bottle belonged to a friend, but then changed his story to say he had been drinking earlier that day and had only consumed what was in the bottle.
When asked how old he was, Windsor replied 68. When the officer noted that his identification indicated he was 59, Windsorsaid that was “misinformation,” then changed his mind and admitted that he was 59.
Windsor failed to perform the standardized field sobriety test.
A portable breath test indicated a .419 breath alcohol content. A second test administered a little later came back with a .395 BAC.
In Montana, a person is considered legally impaired with a .08 BAC.
Windsor has been convicted of DUI six times in three states in the years 1984, 1986, 1994, 2001, 2014 and 2015.
Ravalli County Justice Jennifer Ray set bail at $10,000.