A 44-year-old Victoria man is expected to receive jail time after being convicted at Lunenburg Circuit Court recently for a felony Driving While Intoxicated (DWI) charge, the third charge he received within 10 years.

Michael Carol Daniel, according to a news release from the Lunenburg Commonwealth’s Attorney Office, was sentenced to five years in prison. All of the sentence was suspended except for 90 days, “which is the mandatory minimum sentence set by the legislature for a third offense within 10 years. He was fined $1,000, and his privilege to obtain a license was revoked indefinitely,” the release cited.

According to Commonwealth’s Attorney Robert Clement, the incident leading to his arrest took place the night of May 13 when a witness called 911 to report a Dodge Dakota pickup truck in a ditch on Fowlkes Road, and a man asleep in the ditch.

“According to a report filed by State Trooper J.L. Criner, he found the man asleep, woke him, identified him and determined that he had run off the left side of the road, struck the ditch and then the embankment,” Clement said in the release. “The trooper reported that when he asked Daniel what happened, Daniel said he ‘had a little too much to drink tonight,’ and ran the truck into the ditch. He said he had probably consumed a 12- pack of beer.”

Criner reported, according to Clement, that Daniel failed three physical sobriety tests, was unable to maintain his balance, missing heel to toe, stepping off line and swaying.

Clement said Daniel refused the breath test.

“Daniel has a prior misdemeanor conviction of driving under the influence in Lunenburg- County on July 11, 2011, and one in Mecklenburg County on Aug. 12, 2011,” Clement said. “He had no other criminal violations.”

The sentence Daniel received was within the Sentencing Guidelines, Clement said.

“In addition to his sentence and $1,000 fine, Daniel must be of good behavior for five years, complete supervised probation for one year, complete substance- abuse counseling, abstain from alcohol and illegal drugs, refrain from driving indefinitely, and submit to warrantless searches and seizures and (Preliminary Breath Tests) PBTs,” the release cited.