Man gets jail time in DUI case
WOODSTOCK — Circuit Judge Dennis L. Hupp sentenced a Harrisonburg man to serve jail time on Wednesday after he pleaded guilty by Alford in May to his third DUI offense in 10 years.
Jeffrey Allen Neff was originally indicted on committing a third DUI in five years, but that indictment was amended on Wednesday because more than five years had passed since the first DUI was committed in May 2010.
Neff was arrested in April 2016 after he had been driving with a blood alcohol level of .248, three times the legal limit, and almost struck an officer before he was pulled over. Neff performed poorly on the field sobriety test and refused to submit to a breathalyzer test, but a search warrant was obtained to test his blood. The test showed the high alcohol levels.
The mandatory minimum sentence for someone convicted of a third DUI in 10 years is 90 days in jail. The sentencing guidelines had a minimum sentence of one year imprisonment, and Hupp said he saw no reason to deviate from those guidelines.
Neff was sentenced to three years imprisonment with two years suspended and two years of supervised probation upon his release. Neff was also charged with driving intoxicated with a restricted license, and was given a suspended sentence of 12 months, which will run consecutively with the DUI sentence. The start of the jail sentence was postponed to Aug. 4.