Habitual DUI offender gets 6 months in jail

By LILA FUJIMOTO, Staff Writer
WAILUKU — With three prior DUI convictions since 2004, a Wailuku man was ordered to serve a six-month jail term for his latest drunken-driving arrest last year.

Sentenced Wednesday as a habitual DUI offender, 60-year-old Ernesto Fontano also was placed on five years’ probation. Second Circuit Judge Joel August ordered a mandatory five-year revocation of Fontano’s driver’s license.

“It’s one thing for him to drink,” August said. “But the problem is getting behind the wheel of a car.

“I don’t think he’s even begun to think about the danger he presents to other people. He’s not stupid. He’s just hard-headed.”

Fontano’s latest arrest occurred after 9 p.m. Nov. 30 when officer Dennis Arnds saw a 1991 Toyota sedan weaving and crossing the double-solid yellow line to nearly collide with oncoming traffic on Waiehu Beach Road, according to police reports. The officer followed as the car turned onto Nukuwai Place, nearly hitting parked cars. After Arnds activated the lights and siren on his police car, the Toyota continued on before stopping in the middle of the street, the officer reported.

Fontano, who was driving, had red eyes and slurred speech and had trouble balancing as he got out of the car, according to Arnds’ report. He said Fontano couldn’t perform field sobriety maneuvers. After being transported to the Wailuku Police Station, Fontano didn’t cooperate with attempts to obtain his blood-alcohol reading, police said.

Before his sentencing Wednesday, Fontano had pleaded no contest to habitually driving under the influence of alcohol, a felony charge that can be brought against someone arrested for DUI after having three or more prior DUI convictions within 10 years. He also pleaded no contest to not having insurance and driving while his license was suspended or revoked for DUI.

In court Wednesday, Fontano said he had been working two jobs and was invited to a birthday party the night he was arrested. “I drink only occasionally,” he said.

Except for being arrested several times for DUI, “he seems to be a regular productive citizen,” said Deputy Public Defender William “Pili” McGrath.

“He’s not using other drugs. He has a steady job. He has a wife,” McGrath said.

He recommended that Fontano be required to attend ongoing alcohol treatment.

August said Fontano had more education than most people, noting that he studied zoology at a well-regarded university in the Philippines.

“To a certain extent, he is in a state of denial about the seriousness of his problem and about the dangerousness he presents to the community by his actions,” August said. “And it seems to be getting worse.”

Fontano’s prior DUI convictions were in September 2004, February 2006 and September 2007.

Fontano was ordered to pay $224 in fines and fees and attend two Alcoholics Anonymous meetings a week.

• Lila Fujimoto can be reached at lfujimoto@mauinews.com.