NILES — A Niles woman who has habitually driven drunk will now spend time in jail for the crime.

Lori Pegan, 54, of the 1400 block of Sheridan Ave., was charged with third-offense operating while intoxicated. She pleaded guilty to the charge on Nov. 27, 2017.

Pegan was sentenced Monday by Judge Charles LaSata to serve 120 days in the Berrien County Jail, 120 days on SCRAM monitoring and two years of probation.

Pegan was also ordered to attend Alcoholic Anonymous and substance abuse treatment. Additionally, Pegan was sentenced for being in contempt of the court after coming into contact with an illegal substance.

LaSata ordered Pegan to serve a concurrent 30-day sentence.

The incident leading to Pegan’s arrest took place at 12:53 a.m. Nov. 23, 2017, when a Niles police officer pulled Pegan over for a traffic stop. The officer observed that Pegan was swerving on Wayne Street.

Pegan was pulled over at S. 13th and Wayne streets and admitted to police that she had been drinking. A preliminary breath test revealed a blood alcohol level of .189 percent, according to court documents.

Pegan’s defense attorney, Jason Engram, said his client understood the severity of her crime.

“She is very fortunate here that the recommendation [for punishment] is not worse than it is,” Engram said. 

Engram said Pegan was employed and he asked that she be allowed to go on tether right away or the KPEP program. If jail was ordered, Engram recommended that Pegan also be assigned to a program intended to help her with her addiction. 

“I think this way [she will] have learned her lesson,” Engram said.

In regards to the bond violation, Engram said Pegan had been using marijuana. Engram said his client has struggled with some health issues and previously she had a marijuana card.

For her part, Pegan told the judge she regretted her actions that November morning.

“I am really sorry for anything I have done,” she said. “I take full responsibility and I just want to get past this right now.”

LaSata said this was Pegan’s fifth alcohol related conviction. Despite that habitual record, LaSata said the state’s guidelines recommended a zero to nine month stint in jail for a case like Pegan’s.

“I think the public would be shocked if they knew that the guideline range for someone with five alcohol convictions is not prison,” LaSata said.

However, if Pegan violates any of her probation guidelines, LaSata said she could end up in prison.

“I don’t want to do that, but I am forewarning you,” LaSata said.

Also sentenced Monday:

Leann Burdette, 20, of Niles, was charged with the possession of cocaine less than 25 grams. She pleaded guilty to the offense on Jan. 16. She was sentenced to 15 days in jail and two years of probation.