James Michael McKinley

James Michael McKinley

provided photo

A man arrested for his eighth charge of driving under the influence has been ordered held on a $40,000 bond. 

James McKinley, 37, had been arrested early Sunday morning after an officer noticed him driving 51 mph in a 35 mph area of West Broadway, according to the affidavit.

The officer reported smelling alcohol on McKinley’s breath. McKinley allegedly admitted to drinking three beers at Westside Lanes and performed poorly during field sobriety tests, according to the affidavit. McKinley was arrested and his blood alcohol level was 0.176 when he was booked into jail.

McKinley was released around 9:30 a.m. Sunday, roughly seven hours after his arrest, after posting a $10,000 bond. He made his initial court appearance on Monday, where Justice of the Peace Landee Holloway ordered that he be returned to jail and that his bail be increased by $30,000.

McKinley has previously been convicted of three DUIs in Colorado and four in Montana, according to the affidavit. Three of McKinley’s Montana DUI convictions were from 2011. Fourth and subsequent DUIs are felonies in the state.

Senior deputy county attorney Jordan Kilby said it was unclear if McKinley’s Colorado DUIs would count in terms of his cumulative total in Montana. For the convictions to count, she said the language of the statute he was convicted under would have to be similar to Montana’s, but that either way, his newest charged offense would be a felony.

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