6th DUI arrest prompts possible felony charge

A 35-year-old Lacey man with five driving while intoxicated arrests in the past 10 years and two convictions, faces a potential felony DUI charge after another DUI arrest over the weekend.

Under Washington law, a DUI suspect is subject to a felony DUI charge if he or she has four or more prior offenses within the past 10 years. William Appleby Jr., who was arrested for DUI on Friday night, had two DUI convictions in the past 10 years, according to court papers. He also had three DUI citations over the past 10 years that he had pleaded down - two to negligent driving and one to reckless driving, court papers state.

Thurston County Deputy Prosecuting Attorney Scott Jackson explained that even if a misdemeanor DUI offender pleads a DUI charge down to a reckless or negligent driving conviction, it can still count as a prior DUI offense.

Conviction of a DUI due to four or more priors typically results in a minimum of a 22- to 29-month jail or prison sentence, Jackson said.

A judge ordered Appleby held at the Thurston County Jail during a court hearing Tuesday, with bail set at $50,000.

A Washington State Patrol trooper pulled Appleby’s vehicle over on Interstate 5 northbound in Lacey Friday night after another motorist had called 911 to report the vehicle driving erratically.

Appleby failed his field-sobriety tests, and the trooper reported his “eyes were droopy, speech was slurred and he was slouched over the passenger seat,” court papers state.

Appleby denied using alcohol or drugs, according to court papers. He also registered a 0.000 on his preliminary breath test, so the trooper ordered a blood draw prior to placing him under arrest, court papers state. Washington State Patrol spokesman Trooper Guy Gill said that once a trooper rules out alcohol but still suspects a motorist is intoxicated, the trooper orders a blood draw. He said driving while under the influence of prescription medications or narcotics can cause just as much impairment as driving under the influence of alcohol.

Appleby denied that he took any medications or drugs before getting behind the wheel, court papers state.

Jeremy Pawloski: 360-754-5445 jpawloski@theolympian.com