Man pleads guilty to fifth DUI

A Libby man on Monday was released from Lincoln County jail after pleaded guilty to a felony charge of driving under the influence.

Charles William Mizenberg, 52, signed a plea agreement on Monday to enter a guilty plea on his fifth DUI charge in district court before Judge James Wheelis. Mizenberg’s sentencing hearing is set for Sept. 26.

Mizenberg on July 26 pleaded not guilty to the DUI charge, as well as the attached charge of driving with a revoked license.

The plea agreement signed and submitted Monday dismissed the revoked license charge, and the county attorney’s office has recommended 13 months commitment to the state detention center, an additional two-year suspended sentence and a $5,000 fine.

Mizenberg was arrested on June 20 after an employee at Cabinet Peaks Medical Center called Lincoln County dispatch to report a vehicle driving to and from the hospital, also reporting that the driver seemed intoxicated. Mizenberg, whose license was revoked from a previous DUI conviction, was driving the vehicle when he was pulled over by a sheriff’s deputy. Court documents show that Mizenberg’s blood-alcohol content that night was around .190, more than twice the legal limit.

At Monday’s hearing, after signing the plea agreement Mizenberg’s lawyer asked that he be released on his own recognizance, having spent 31 days in jail already. Alisha Backus, Mizenberg’s defense attorney, argued that since meeting Mizenberg, he has held himself entirely accountable for the charges and while he’s out before his sentence hearing, the 24/7 sobriety program would be able to adequately monitor Mizenberg twice a day.

Mizenberg said he has no intention of drinking or driving if released.

Although Lincoln County deputy attorneys argued Mizenberg may still pose a danger to the public if released, Wheelis granted Mizenberg’s release and ordered he enroll in the 24/7 program immediately.

Mizenberg’s sentencing hearing is set for Sept. 26.

Reporter Seaborn Larson may be reached at 758-4441 or by email at slarson@dailyinterlake.com.