FIRST ON 3: Driver who crashed into Dairy Queen has 4 DWIs already

WILMINGTON (WWAY) – A man is behind bars tonight after allegedly running an SUV into the Dairy Queen on Oleander Drive Friday night. Isaisas Martinez-Garcia pleaded not guilty at his first appearance today in New Hanover County Court, but a judge upped his bond from $30,000 to $100,000 to ensure the safety of our community. The suspect is already a habitual drunk driver.

Around 11:30 Friday night two customers were standing in line at the Dairy Queen when Wilmington police say 28-year-old Martinez-Garcia crashed an into the building. The man and woman managed to jump out of the way, but the woman was taken to the hospital because shattered glass flew into her eyes.

Martinez-Garcia was not hurt. He’s charged with driving while impaired, habitual impaired driving and driving with a revoked license. This is not Martinez-Garcia’s first run-in with the law. He has an extensive criminal background dating back to May 2002 when he got his first DWI.

“It concerns me that he hasn’t been punished harshly enough,” assistant DA Jon David said. “We have to deal with certain guidelines that are in place that our legislature sets, and unfortunately, this is a person that’s been convicted before of habitual impaired driving and is now back out.”

Martinez-Garcia blew a .08 blood alcohol level during that 2002 stop and was driving without a license. He had an open container and was driving after consuming while under the age of 21.

He got his second DWI in August 2005, again driving without a license, with a blood alcohol content level of .21. He went to jail for 60 days and got 12 months probation.

In November 2006 he was charged with possession of cocaine. The charge was dropped, but he spent 45 days in jail on a drug paraphernalia charge and got 24 months probation.

In August 2007 he was charged with driving without a license again and resisting a public officer, but both charges were dismissed.

Martinez-Garcia still had a revoked license when got his third DWI in August 2007. That conviction sent him to jail for one year.

“Our legislature has recognized that in appropriate cases, DWI drivers represent a clear and present danger to our community,” David said. “So if you’ve been convicted in the past of a DWI, we can make you a felon after your third DWI.”

Martinez-Garcia did not receive felony charges until his fourth DWI in April 2008, which landed him 12 to 15 months in jail for habitual impaired driving.

Investigators have sent Martinez-Garcia’s paperwork to Immigration and Customs Enforcement, but neither Wilmington Police nor the New Hanover County Sheriff’s Office can tell us if Martinez-Garcia is in the country legally.

His next court date is June 3.