A 28-year-old Minden man was sent to prison Tuesday after he was terminated from a diversion program for felony drunk drivers.
Senior Judge Lee Gates ordered David Herrera to serve 36 months in prison, and fined him $2,000 for his third conviction of felony drunk driving.
Herrera was terminated from the program after he was convicted of misdemeanor battery on an 11-month-old, and continued to drink after he was admitted to the diversion program.
Herrera's lawyer, Derrick Lopez, asked if his client could enter a six-month Salvation Army treatment program, then be readmitted to the DUI diversion.
"He doesn't want to go to prison," Lopez said.
The battery incident occurred in March in Carson City, but Herrara wasn't arrested until August. He was convicted of misdemeanor battery, and sentenced to time served with a 150-day suspended sentence.
Gates declined the request.
"My biggest problem is that he has more than three DUIs, and was still drinking while in the program. He is a danger to the public if he still drinking and driving. He can't control himself, and with the battery charge on top of that, I can't just pass this by and let him continue down the same path," Gates said.
Herrara must serve 12 months before he is eligible for probation. He received credit for 68 days in custody.
He had prior DUI convictions in August 2008 and March 2009 in Carson City.
He pleaded guilty Feb. 13, 2011, in East Fork Justice Court to the third DUI.