Man gets four-year sentence for DWI; Blood alcohol concentration over three times the legal limit

Published 8:09 am Thursday, April 26, 2018

Deng Madit-Machar, 44, of Austin was sentenced on Tuesday in Mower County District Court to 48 months in the Minnesota Correctional Facility in St. Cloud for felony first-degree DWI-refuse to submit to a breath test. He received credit for 93 days served.

Deng Madit-Machar, 44

Charges of felony first-degree DWI-under the influence of alcohol, gross misdemeanor driving after the cancellation of his license-inimical to public safety and misdemeanor providing a false name to a peace officer were dismissed.

Judge Christa M. Daily issued the sentence.

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Madit-Machar was arrested on Jan. 21 after an officer, having seen Madit-Machar’s vehicle crossing the center lane on Main Street and taking a wide turn onto West Oakland, initiated a traffic stop. The officer smelled a strong odor of alcohol and noticed Madit-Machar’s eyes were bloodshot and watery.

Madit-Machar denied that he had been drinking, but blew a 0.244, over three times the legal limit, on a preliminary breath test.

While at the Mower County Jail, Madit-Machar agreed to provide a breath sample after speaking to an attorney. As the officer tried to administer the test, Madit-Machar pretended to pass out and dropped to the floor. He then claimed he was having a heart attack, then placed his tongue over the mouthpiece of the DataMaster DMT Test, which prevented him from providing a sufficient breath test.

A review of Madit-Machar’s criminal record shows five prior DWI convictions since 2013. He was serving a seven-year probation sentence at the time of his most recent arrest. For violating that probation, he received an amended sentence of 42 months in prison from Daily, though that time will be served concurrently with the 48-month sentence.