A 33-year-old man who was booked in Fayetteville last month on this fourth DWI arrest it set to appear in Washington County Circuit Court this fall for a felony trial, officials said.
Keith Foley of Hot Springs pleaded not guilty at his arraignment on Wednesday (July 9) before Magistrate Judge Ray Reynolds to a fourth charge of driving while intoxicated, officials said. His trial is set for Sept. 12.
In Arkansas, a fourth DWI arrest could lead to a felony charge and a prison sentence. Foley is charged with felony driving while intoxicated, officials said.
Criminal suspects customarily plead not guilty at their arraignments. Otherwise they lose their right to an appeal.
Foley has previously told the judge he is under psychiatric care.
Foley was arrested June 3 in Fayetteville after being stopped while driving under the influence of drugs, police said.
Foley was booked into the Washington County Detention Center on a $3,830 bond, according to the Washington County Sheriff’s Office website. He later was released on bail, records show.
At a routine hearing before Reynolds in the courtroom at the Washington County Detention Center on June 4, Foley told the judge he is under psychiatric care in Hot Springs.
One day earlier, a Fayetteville officer said he saw Foley driving a blue Jeep sport utility vehicle heading west on Martin Luther King Jr. Boulevard early in the morning. 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, 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 detention center for a breath test.
An alcohol breath test showed Foley’s blood-alcohol level at .05. A drug recognition expert then performed 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 DWI convictions, one each in 2010, 2013 and 2014, according to the report. Under Arkansas law, the first three DWI convictions are misdemeanors.