YORK – Brandee Schulz, 44, of Goehner, has been sent to prison for a fourth offense DUI conviction and driving on a 15-year license revocation.
She was initially charged with a fifth offense DUI and driving on a 15-year license revocation stemming from a DUI.
The charges were modified as part of a plea agreement and last fall she pleaded no contest.
According to court documents, troopers with the Nebraska State Patrol were alerted that she was driving on Interstate 80 while under a 15-year revocation of her driver’s license.
They were also alerted that she had two separate convictions of third offense DUI (driving under the influence).
The arresting officer says in the court documents he stopped her vehicle due to fictitious plates and when making contact he smelled alcohol.
The court documents indicate that a preliminary breath test administered to Schulz had a .215 result (with .08 being the legal limit). At that point, she was arrested.
The court documents say another test was administered later, with a result of .194.
The trooper acknowledges in the court affidavit that Schulz had DUI convictions on Jan. 27, 2005; Jan. 16, 2014; March 2, 2015; and March 16, 2017.
She was initially charged with driving under the influence with a blood alcohol level higher than .15 and with four prior convictions, which is a Class 2 felony; and driving while revoked from a DUI conviction, a Class 4 felony.
Per the amended information, the charges were amended to fourth offense driving under the influence, a Class 3A felony (which carries a possible maximum sentence of three years in prison with 18 months of post-release supervision), and driving under revocation, a Class 4 felony (which carries a possible maximum sentence of two years in prison and 12 months of post-release supervision).
This week in York County District Court, Deputy York County Attorney Benjamin Dennis told Judge James Stecker, “This is obviously a serious case, in which she stands convicted of two felonies. She participated in a few different programs but it doesn’t look like she successfully completed any of them. But she has made progress, and because of that we are recommending probation. It is required that her license be revoked for 15 years and we are suggesting that she be ordered to wear an alcohol monitoring bracelet for a substantial amount of time. That would be in her best interest and in the best interest of public safety. She understands that if she’s not successful, she will likely be sent to the department of corrections and I believe she is motivated.”
“She recognizes the seriousness of her violations and her addiction to alcohol,” said her attorney, York County Public Defender David Michel.
Michel said she has been sober for the past eight months and there were various reasons why she changed the locations of her treatment programs. He also noted she had a personal family tragedy during that time, but did not use alcohol.
Judge Stecker read the defendant’s record of DUI convictions and also noted that she was charged with a DUI in 2001 but it was dismissed.
“You also had a .215 blood alcohol level in this situation while you were driving on a 15-year license revocation,” Judge Stecker said to Schulz. “You attempted various programs but the court is concerned because you didn’t complete any. I sentenced you in Seward County and then you had a conviction in Hall County and now you are here. You had an extremely high blood alcohol level which demonstrates you’re quite tolerant of alcohol which indicates you had continued to drink. You aren’t fit for probation and incarceration is necessary.”
Schulz was sentenced to 18 months in prison for the DUI conviction and one year for the driving under revocation conviction (to be served concurrently). She was given credit for 36 days already served. Her license was also revoked for 15 years. After she is released from prison, she has also been ordered to 18 months post-release supervision.