A Hot Springs man was arrested early Tuesday (June 3) in Fayetteville after police said he was stopped after driving under the influence of drugs. It was the suspect’s fourth DWI arrest, which increases the potential charge to a felony because of past convictions.
Keith Foley, 33, was arrested on suspicion of driving while intoxicated (drugs), driving on a restrictive license, improper lane usage and failure to pay registration. He remained Tuesday night in the Washington County Detention Center on $3,830 bond, according to the Washington County Sheriff’s Office website.
On Wednesday (June 4), Foley appeared at a routine hearing before Magistrate Judge Ray Reynolds at a courtroom in the detention center. In court, Foley said he is under psychiatric care in Hot Springs. (Foley is pictured above during his court appearance on Wednesday. The picture below is his booking photo from one day earlier.)
Foley is scheduled to be arraignment on the potential felony DWI charge on July 2, according Reynolds.
A Fayetteville officer said he saw Foley driving a blue Jeep sport utility vehicle heading west on Martin Luther King Jr. Boulevard early Tuesday morning (June 3). The officer stopped Foley after the suspect made an improper lane change, according to a preliminary report from the Washington County Prosecutor’s Office.
The officer noticed an expired temporary tag on the vehicle as well, the report states.
The officer said he could smell intoxicants coming from Foley and asked him to get out of his vehicle. Foley complied, and the officer conducted standard sobriety tests, according to the report.
The officer said he noticed enough clues to believe Foley was intoxicated and transported him back to the Washington County Detention Center for a breath test.
An alcohol breath test showed Foley’s blood-alcohol level at .05. A drug recognition expert responded to the jail to perform a drug recognition evaluation, after which the expert determined Foley was too intoxicated to operate a motor vehicle due to CNS depressants, a class of drugs most associated with sedatives, according to the preliminary report.
Foley has three prior DUI convictions, one each in 2010, in 2013 and 2014, according to the report. Under Arkansas law, the fourth DWI is handled as a felony case. The first DWI convictions are misdemeanors.