A seven-time drunken driver was sentenced Tuesday in Mitchell for aggravated driving under the influence.
Shane Iron Heart Sr., 42, was sentenced during court at the Davison County Public Safety Center to five years in prison.
According to a new law that was passed last winter and became effective in July, sixth-offense or subsequent-offense DUI convictions within 25 years are aggravated charges. Iron Heart was convicted of his seventh DUI offense in 10 years. The crime carries a maximum penalty of 10 years in prison and a $20,000 fine.
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Iron Heart pleaded guilty in September. He hasn’t had a license since he was 19, but said in his presentence investigation that he “loves to drive when he’s drinking.”
The new law in a case like this allows for a harsher punishment, classifies the conviction as a violent offense, revokes the offender’s driver’s license for life and requires the offender to be on supervision for at least five years after completing a prison term.
The violent offender status means Iron Heart is not eligible for rehabilitation programs like drug court - an intensely supervised experience overseen by a team of judicial, law enforcement and treatment officials.
Judge Tim Bjorkman sentenced Iron Heart to 10 years in prison, but suspended five years of that sentence. Iron Heart must pay $161 in prosecution costs, $104 in court costs and his driver’s license will be revoked for the rest of his life.
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Iron Heart’s first parole eligibility will be in October 2015. Bjorkman also gave him credit for 25 days he already served in the county jail.
