DUI No. 4 charge reduced to criminal endangerment
A 38-year-old Columbia Falls man has been sentenced to five years with the Montana Department of Corrections, all suspended, after he pleaded guilty to a felony charge of criminal endangerment.
Daniel Malloy was originally charged with a felony DUI No. 4 after he was arrested at the Zip Trip gas station south of Kalispell on Feb. 16, 2013.
The arresting Kalispell police officer reported smelling alcohol and that Malloy’s eyes were red and glassy. Malloy allegedly failed a field sobriety test and had a 0.103 blood alcohol level at the county jail. He also had prior DUI convictions in February 1996, March 2007 and August 2009.
Malloy faced from 13 months to five years and a $1,000 to $10,000 fine if convicted of felony DUI. His charge was amended to a felony charge of criminal endangerment and a misdemeanor charge of DUI.
Flathead County District Court Judge David Ortley sentenced Malloy on Jan. 23. In addition to the five-year suspended sentence, Ortley also sentenced Malloy to six months in the county jail for the misdemeanor DUI charge, all suspended, and ordered him to pay a net fine of $1,100 and $800 in public defender fees.