DUI offender fails diversion, sent to prison

A Gardnerville man who suffered serious injury after he drank alcohol and crashed a motorcycle in violation of a diversion program for drunk drivers was sent to prison Monday.

District Judge Michael Gibbons sentenced Thomas Jefferson Perry, 54, to four years in Nevada State Prison with a minimum parole eligibility of 12 months.

He gave Perry credit for 95 days in Douglas County Jail.

"Mr. Perry is coming before you somewhat a humbled man," said his lawyer, Kris Brown. "He attempted the diversion program, and realizes he must stop drinking."

Perry had almost completed six months of house arrest in the diversion program when he drank alcohol, and left his residence to test drive a motorcycle he planned to buy.

Under the diversion, Perry was forbidden to leave his residence, drink or drive.

He ran into a pickup truck and suffered a broken hip and internal injuries.

Perry had already served 30 days in Douglas County Jail for an earlier violation of the program.

He was kicked out of the diversion program and sent to Douglas County Jail pending sentencing.

The diversion program, created by the 2007 Nevada Legislature, was designed to keep felony DUI offenders out of prison by offering an alternative of strict supervision, treatment and counseling.

Gibbons also pointed out that Perry had participated in a notice of election of treatment for his second DUI.

"Wouldn't that imply you can't drink under any circumstances?" Gibbons asked.

Brown said Perry was attending 12-step programs in jail.

"He realizes he doesn't have the tools to deal with it (alcoholism) on his own," she said.

Prosecutor Erik Levin said he was concerned about community safety.

"I'm concerned whether Mr. Perry appreciates the seriousness of drinking and driving. He's a danger to the community if he's out there," Levin said.

Perry was admitted to the diversion program after his third DUI arrest in seven years. He was arrested with a blood-alcohol content of .26, more than three times the legal limit of .08 for driving in Nevada.