A South Lake Tahoe man who failed a DUI diversion program was sentenced to prison on Tuesday.
Joe W. Malone, 51, was involved in a Feb. 6, 2010, traffic accident on Kingsbury at Hussman Meadows.
Deputies determined he was under the influence and he was charged with felony drunken driving.
Malone was permitted to participate in a DUI diversion program but failed after two years.
Malone thanked the court for the opportunity of DUI court.
"No matter what happens I plan to maintain my sobriety," he said.
District Judge Dave Gamble pointed out that there aren't too many people who are capable of reaching a .395 blood alcohol content and surviving.
He ordered Malone to prison for 12-36 months and to pay both a $2,000 fine and $2,480 he owes the Department of Alternative Sentencing. Gamble further ordered that Malone would be required to install an interlock device that would prevent him from drinking and driving once he's out of prison.