Prosecuting Attorney Charlene Y. Iboshi announced that on August 9, 2012, Third Circuit Court Judge Glenn S. Hara rejected the request by Hilo resident William K. Sabado, 29, to defer his guilty plea to habitually operating a vehicle while under the influence of an intoxicant and sentenced him for that offense. While commending Sabado for his stellar academic record in college, Judge Hara rejected his request that he be given the mandatory minimum jail term of 10 days and ordered that Sabado serve 5 months in jail as a condition of 5 years probation. Judge Hara also ordered Sabado to pay approximately $1,800.00 in fees and fines.
Hawai‘i Police Officer Gabriel Wilson stopped Sabado’s vehicle on March 23, 2012 at approximately 1:20 a.m. on Makaala Street in Hilo for driving with an expired safety inspection and expired weight tax. Upon contact with Sabado, the officer detected a strong odor of alcohol. Sabado failed field sobriety tests and was arrested for driving under the influence of an intoxicant. A breath test revealed a .173 result – more than double the .08 threshold. When a records check revealed prior convictions for driving under the influence of intoxicants in 2005, 2007, and 2010, Sabado was charged with the felony offense of habitual DUI.
Habitually operating a vehicle while under the influence of an intoxicant is a class “C” felony punishable by up to 5 years in prison, with a minimum jail sentence of ten days, a fine of up to $10,000, and a mandatory license revocation of at least year.