Felony charge handed out for DUI

A Bismarck man faces a felony charge for accusations that he drove under the influence of alcohol for the sixth time in seven years.

Jimmy D. Wilcox II, 40, was charged with the Class C felony on Friday.

South Central District Judge David Reich set bond for Wilcox at $3,000 cash at the request of Burleigh County Assistant State's Attorney Cynthia Feland.

Bismarck Police Sgt. Dwight Offerman said Wilcox was pulled over for going 52 mph in a 40 mph zone on East Bismarck Expressway at 1:24 a.m. Friday. He said Wilcox failed field sobriety tests and a breathalyzer test.

Feland said Wilcox's blood-alcohol content was "well over a .2" The legal driving limit in North Dakota is .08.

Feland suggested the $3,000 bond based on Wilcox's "terrible criminal history," which she said contains convictions for reckless endangerment, terrorizing, simple assault, false reports, possession of marijuana, violation of a protection order and failure to appear, on top of the driving under the influence convictions and other related driving problems.

Wilcox said he would not be able to afford such a bond, as he just paid $1,500 in bills and had no more money. He said he has been sober for three years and had relapsed Thursday night.

"I'm going to go put myself right back in treatment," he said.

If Wilcox is released, Reich ordered that he refrain from using or possessing alcohol. Wilcox would have to be tested twice a day at the Bismarck Transition Center for alcohol use if he is released.

A sixth conviction for driving under the influence in seven years carries a 180-day minimum mandatory jail sentence and $1,000 fine. The maximum punishment is five years in prison and $5,000 in fines.

Offerman said Wilcox also received traffic citations for driving under revocation and speeding.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)