The Maui News

WAILUKU — A five-year prison term was ordered for a Kihei man who was in the Maui Drug Court program when he was arrested for habitually driving under the influence of alcohol.

Kevin Uyeda, 52, had agreed to end his participation in the program of intensive treatment and supervision after his latest arrest July 4.

He entered the Drug Court program in 2018 while facing revocation of his probation for felony drug possession in a 2014 case and spent more than a year in the program, said Deputy Prosecutor Kenton Werk.

“He made some progress. He did well at times,” Werk said at Uyeda’s sentencing Feb. 14. “In the end, he went back to drinking and, most alarming to the state, illegal driving.

“He should be sent to prison for the protection of the community.”

Uyeda’s criminal history includes convictions for six felony offenses, 27 misdemeanors and 19 other offenses, starting in 1986 when he was 19, Werk said.

He said Uyeda was sentenced to one year in jail as part of five years’ probation for felony crimes including illegal possession of a firearm in 1993. In following years, he was convicted of numerous misdemeanor offenses before being arrested for habitual DUI in 2010 and sentenced to five years in prison, Werk said.

After being released from prison, Uyeda was arrested in the felony drug case, Werk said.

In another case, Uyeda had pleaded no contest to third-degree promoting of a dangerous drug for a 2017 arrest.

In his latest case, Uyeda had pleaded no contest to habitual DUI, a felony charge that can be brought when someone is arrested for DUI after having at least two prior DUI convictions within the past 10 years, as well as driving after his license was suspended or revoked for DUI.

“It’s difficult for Kevin, realizing the addiction is too strong,” said Deputy Public Defender Ben Lowenthal.

While in Drug Court, “he got a glimpse of what sobriety is like,” Lowenthal said.

Uyeda asked to be placed on probation.

“I understand that the choice I made to use drugs and alcohol led me to this destructive path,” he said. “When I was clean, I would not believe what I had done and wonder why I did not stop that. I have now come to realize all the wrongs I have done.”

Second Circuit Judge Richard Bissen said he didn’t think it was right for Uyeda to ask for another chance when he had chances before and his plea agreement with the prosecution called for prison.

“I understand the addiction,” Bissen said. “What I don’t understand is why you feel the need to drive. It’s easier for you to quit driving than to quit drinking.”

Family members, including some in the courtroom gallery, probably would have been happy to drive Uyeda, the judge said.

“Why you don’t ask them for that, I don’t know,” Bissen said to Uyeda. “Your problem is not your drinking. Your problem is your driving.

“You’ve shown that when you go out and you drink, your poor judgment leads you to drive. But that’s a five-year prison decision you’ve made for yourself.”

In his 2014 case, Uyeda’s probation was revoked for third-degree promoting of a dangerous drug and possessing drug paraphernalia. He was resentenced to a five-year prison term and a $500 fine.

His driver’s license was revoked for one year.

He also was sentenced to a five-year prison term for third-degree promoting of a dangerous drug for his 2017 arrest.

Uyeda will serve all prison terms at the same time.