A 54-year-old Pepeekeo man on felony probation for habitual drunken driving pleaded guilty Tuesday to another habitual DUI charge.
Byron Mitsuo Miyashiro also pleaded guilty to driving after his license was suspended or revoked for drunken driving plus refusing to submit to a breath, blood or urine test. In exchange for his plea, prosecutors dropped charges of consuming or possessing liquor while driving and failure to give information or render aid after a collision.
Hilo Circuit Judge Glenn Hara set sentencing for 8 a.m. Feb. 18. Miyashiro could be sentenced to five years in prison for the habitual DUI charge, which is a Class C felony. Refusing a breath, blood or alcohol test is a petty misdemeanor punishable by up to 30 days in jail.
Deputy prosecutor Kevin Hashizaki said Miyashiro has a prior conviction for driving after his license was suspended or revoked for DUI, which means conviction on that charge carries an automatic 30-day jail sentence.
Miyashiro has been incarcerated since his arrest Nov. 10 and appeared in custody in lieu of $14,000 bail. Responding to questions from the judge, Miyashiro said he was going to the boat ramp at Wailoa Small Boat Harbor in Hilo when he was stopped and arrested.
“Had you been drinking?” Hara inquired.
“I had a couple,” Miyashiro replied.
When the judge asked if he was involved in a traffic collision prior to his arrest, Miyashiro said, “Yes, got bumped.”
Miyashiro also admitted he refused breathalyzer, blood and urine tests.
Hashizaki said if the case went to trial, the state would be able to show Miyashiro was convicted of DUI three or more times in the previous 10 years and that he failed field sobriety tests conducted by the arresting officer.
This is Miyashiro’s second habitual DUI conviction in less than a year. He was sentenced June 7 last year to five years probation, including a year jail sentence with all but 90 days stayed in that case.
Hilo Circuit Judge Greg Nakamura allowed him to serve his jail time on weekends.
A motion was filed to revoke Miyashiro’s probation for the prior habitual DUI and he is to be resentenced in that case Feb. 18, as well.
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