Libby man gets suspended sentence for DUI conviction

A Libby man accused of multiple DUIs received a suspended sentence and was recommended for the county’s treatment court in district court on Monday.

Timothy William Ague, 62, was charged with DUI, seventh or subsequent offense, or in the alternative, operating with an alcohol concentration of 0.08% or greater, seventh offense, after a Sept. 25, 2022 incident in which he was found slumped over the steering wheel of his pickup truck.

Lincoln County Attorney Marcia Boris and Ague’s defense attorney, Sean Hinchey, made a deal that called for a 5-year suspended sentence and that’s what Lincoln County District Judge Matt Cuffe delivered.

Ague must also pay a $5,000 fine by the end of the 5-year term. Hinchey asked Cuffe to cut the fine in half if Ague successfully completes treatment court. Boris argued against it.

“He’s already able to benefit considerably because of the treatment court admittance and he should be able to pay the $5,000 over the 5-year period,” Boris said.

Cuffe agreed with Boris that Ague must pay the $5,000 fine.

Ague had no statement and Cuffe said he believes treatment court is appropriate for the defendant.

Ague originally pleaded not guilty on Oct. 17 in Lincoln County District Court. He faced a maximum sentence of 10 years in the Montana State Prison.

According to the charging document filed by Lincoln County Attorney Marcia Boris, Sheriff’s Office Deputy Anthony Jenson wrote in his report that at about 5:30 p.m. Sept. 25, 2022 a person called county dispatch to report she had been out for a drive with her husband when they came across a silver Ford pickup parked along Forest Service Road 4613, also known as West Pipe Fork.

The driver was slumped over the steering wheel and they were concerned the driver, later identified as Ague, was deceased. When they checked on him, he woke up. They felt that the driver was highly intoxicated.

When Jenson responded to the scene, he reported finding Ague sitting in the driver’s seat. Jenson spoke to Ague, who allegedly admitted he had consumed a lot of alcohol and should not be driving. Ague claimed to not know where his keys were, but they were located in the center console next to the driver seat, according to Jenson’s report.

Jenson also wrote that Ague’s eyes were bloodshot and watery and there was a strong odor of an alcoholic beverage coming from his breath. Jenson wrote that Ague spoke slowly, slurred some of his words and showed numerous signs of impairment during a standard field sobriety test.

According to the charging document, Ague’s breath sample indicated a blood alcohol content of more than twice the legal limit of 0.08% Jenson reported arresting Ague and taking him to the Lincoln County Detention Center. After Ague couldn’t give another breath sample, he agreed to give a blood sample and did so at the hospital. It was sent to the Montana State Crime Lab for testing.

Jenson reported that Ague’s driving history showed he had four previous DUI convictions, including three in Lincoln County and one in Wheatland County. The first occurred in 1985.

At the time, Ague was in district court for the third time in about two months. He was on trial for the alleged sexual assault of a child in August 2022 before a mistrial declared. In September, the charge was dismissed when Boris decided not to retry the case.