Mar 14, 2017 2 min read

WAYNESBURG – A Looneyville, W.Va. man pleaded guilty Thursday to driving under the influence of alcohol after his initial 2014 DUI conviction was vacated by the state Superior Court.

David Eugene Evans, 44, of 18 Linden Road was arrested May 19, 2012, following a traffic stop in Cumberland Township.

According to court records, Evans failed a field sobriety test and had a .180 percent blood-alcohol content level as determined by a blood test conducted at the hospital.

Evans was convicted of DUI, third offense in 10 years, in a nonjury trial in December 2014 and was later sentenced to 12 to 60 months in jail, according to court documents.

In December, however, Superior Court vacated the conviction based on a U.S. Supreme Court ruling prohibiting state laws imposing a penalty on suspected drunk drivers for refusing to submit to a blood test. The ruling requires police to obtain a search warrant to draw blood of a suspected drunk driver. Warrants, however, are not required for breathalyzer tests.

Evans pleaded guilty Thursday before Greene County President Judge Farley Toothman to DUI, incapable of safe driving, and three summary violations. The DUI charge based on the BAC was withdrawn. He was sentenced to 5 days to 6 months in jail and fined $325.

In other court action, Anita Marie Danko, 31, of 292 Moffit Road, Dilliner, was sentenced Friday to 30 days to 1 year in jail on a DUI charge.

Danko was arrested Sept. 20, 2015 following a crash on Route 88 in Cumberland Township. Her BAC, based on a breathalyzer test, was .152 percent, according to court documents.

Danko was convicted in a nonjury trial Dec. 6 before Judge Lou Dayich. In his sentencing order, Dayich ordered Danko to serve 10 days in jail followed by 20 days of house arrest. He also ordered her to pay $375 in fines.