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Tougher penalty for repeat DUIs: Everett man pleads guilty to felony under new law

By Jim Haley
Herald Writer

Repeat drunken drivers can expect to get a lot more time behind bars thanks to a legislative crackdown on those who frequently drink and drive.

An Everett man who has numerous drunken-driving convictions found that out the hard way Monday when he was sentenced to 4 1/2 years in prison under a new law.

Drunken driving normally is a gross misdemeanor subject to a fine and no more than a year in jail. Under the law that went into effect in July, the fifth DUI citation within 10 years can be charged as a felony.

A single drunken-driving conviction after a drinking-related vehicular homicide or vehicular assault also would be a felony, deputy prosecutor Ed Stemler said.

Kjell Svarthumle, 59, is the first person in Snohomish County to be prosecuted under the new law, Stemler said. He pleaded guilty.

He also pleaded guilty to attempting to elude a pursuing police vehicle and driving with a revoked license.

According to court documents, Svarthumle had eight prior drunken-driving convictions, five since 1998. In addition, he was cited for drunken driving in July and August. The last two charges will not be prosecuted in exchange for Svarthumle's pleading guilty, Stemler said.

Superior Court Judge George Bowden followed Stemler's re­commendation, imposing the high end of the sentencing range.

Defense lawyer Blake Kremer of Tacoma asked the judge to impose the low end of the range, about 3 1/2 years behind bars. He told the judge his client did not injure anyone or cause property damage while driving drunk.

Besides, Svarthumle's liver is shot and he has been diagnosed with hepatitis C. He needs treatment for his health problems, Kremer said.

"Without treatment, he's not going to live much longer," Kremer said.

Svarthumle told the judge he considers this his last chance.

"I deeply regret what happened," he said. "I was out of control. It will never happen again. That's for sure."

Bowden said he was more concerned about the safety of the public.

"You placed everyone in the county in jeopardy by your actions," Bowden told him.

The judge also ordered Svarthumle to be evaluated for a dependency on alcohol and to get treatment for that problem.

Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.