Laramie man pleaded guilty yesterday to his fourth DUI in a ten year period.
Robert Depina, 47, initially pleaded not guilty last month, but he entered a guilty plea at a change of plea hearing yesterday morning. The plea was entered as a “cold plea,” meaning there is no plea bargain involved in the change of plea, and the prosecution is not providing any suggestions to the court for sentencing.
Depina has three previous DUI convictions, related to arrests made in August 2005, January 2009 and July 2011. As this is his fourth DUI, he now faces up to seven years in prison, and up to a $10,000 fine.
A concerned citizen reported a staggering driver in a Ford Explorer on South Eighth Street to the Laramie Police Department on May 28. When police pulled the man, later identified as Depina, over, they noticed the smell of alcohol on his breath and slurred speech, according to a police affidavit. After Depina refused to take a test to determine his blood alcohol content (BAC), police obtained a search warrant for his blood.
Judge Jeffrey Donnell said Depina was found to have a BAC of .25, three times the legal limit.
“After lunch, in the middle of the day, you are driving around at three times the legal limit,” Donnell said. “People who have been convicted of drunk driving in the past tend to think the courts don’t take this seriously. You are going to learn just how seriously we take this.”
Depina was originally on a $15,000 signature bond, but was arrested on July 2 for disorderly conduct. This arrest, and the consumption of alcohol he was suspected of, were violations of his bond conditions, and the court changed the bond to $25,000 cash.
Depina, who has a “significant criminal history” according to prosecuting attorney Kurt Britzius, was accepted to a six to nine month treatment program before he was arrested for disorderly conduct. Donnell attempted to clarify the July arrest with Depina.
“You got accepted to treatment, and decided to celebrate with some drinks,” Donnell said.
The court has not yet set a date for a sentencing trial in Depina’s case.
