Cd'A man sent to prison following third felony DUI

A Coeur d'Alene man was sentenced to prison Wednesday following a conviction for his third felony DUI.

Michael Scott Smith, 73, was sentenced by First Judicial District Judge Barry McHugh to a 10-year prison sentence with parole eligibility after one year. 

McHugh also suspended Smith’s driving privileges for five years following his release from prison, according to a press release from the Kootenai County Prosecuting Attorney's Office.

Smith was pulled over at 1 p.m. on Feb. 12 on a routine traffic stop. He displayed several signs of intoxication and failed field sobriety evaluations before providing two breath samples revealing a breath alcohol concentration of .177/.171 – more than twice the legal limit of .08, the release said.

Smith was arrested and remained in custody through sentencing. Felony DUI is punishable by up to 10 years in prison. 

This was Smith’s third felony DUI and fifth lifetime DUI. Smith’s prior felony DUI convictions were in 2008 and 2018, and he went on a rider in each case, the release said.

A retained jurisdiction, more commonly known as a "rider," allows a defendant to spend up to one year in a prison-based treatment program before returning to court where the judge will decide to either release the defendant onto probation or leave them in prison for the remainder of their sentence. 

Following his riders in each case, Smith was released onto probation and successfully completed probation each time without any violations, the release said.