Man pleads guilty to DUI after blood test shows 0.339 BAC; judge orders treatment, community service

Jose Rigoberto Irajeta appeared before Judge Tammy Vaughn Hayward in Clayton County State Court and entered a guilty plea to driving under the influence, the court heard on May 19.

Prosecutors presented a factual basis that officers responding to an April 14, 2022 collision observed signs of impairment, requested a blood sample and recorded a blood-alcohol concentration of 0.339. The court described that level as “a scary blood alcohol level” during sentencing colloquy.

The court accepted the plea and imposed a sentence on count 1 of 12 months with 72 hours to serve, credit for time already served, and the balance probated on conditions including completion of a DUI risk-reduction program, random screens and a requirement to complete 240 hours of community service. The court also ordered a substance-abuse evaluation and specified a $600 fine for the DUI count and noted related fines for merged/supplemental counts.

Defense counsel requested the court accept the negotiated recommendation; the defendant acknowledged alcohol use and told the court he has been attending Alcoholics Anonymous. The judge instructed the defendant on the consequences for future violations and made attendance at support meetings a condition of probation.

The court explained that the defendant’s plea and sentence could have immigration consequences if he is not a United States citizen and took the plea only after verifying the defendant understood the rights he was waiving by entering a guilty plea.

The court directed the clerk to provide email instructions for payment and reporting and suspended supervision fees for a limited period where the defendant indicated he was not working.