Police attempt to render aid leads to felony DUI arrest

It isn’t the amount of alcohol in his system, but the .272 a Corbin man blew on the breathalyzer test police administered early Sunday morning led to his fourth DUI arrest, which is a felony under Kentucky law.

Corbin Police arrested Steven W. Powell, 31, on charges of operating a motor vehicle under the influence of alcohol/drug – fourth or greater offense, driving on a DUI suspended license, and no insurance.

Corbin Police Officer Caleb Hester located Powell at approximately 2:30 a.m. after he reported seeing a motorcycle quit running while attempting to pull out of Arena Drive.

“I went to try to assist above (Powell) and when I made contact I could smell a strong odor of alcoholic beverages and noticed his eyes were bloodshot and glassy,” Hester wrote in the arrest citation.

Hester stated that Powell told him he had only drank, “a few beers.”

“I asked him to step off the bike and when doing so, he almost fell over,” Hester stated.

Powell failed several field sobriety tests, telling Hester he had a fractured leg that prevented him from performing balance tests.

Powell submitted to a portable breathalyzer test, which Hester stated registered .272. That is 3.4 times the legal limit of .08 under Kentucky law.

Powell pleaded not guilty to the charges at his arraignment Tuesday in Whitley District Court.

An individual may not plead guilty to a felony charge in district court.

Judge Fred White set the case for a preliminary hearing Tuesday to determine whether there is probable cause to present the case to the grand jury.

Powell is being held in the Whitley County Detention Center on a $10,000 cash bond. Should he be released on bond, he will be required to wear an ankle monitor.

Under Kentucky law, DUI fourth or greater offense is a Class D felony, carrying a potential prison sentence of one to five years.