Getting your Trinity Audio player ready...

CASSOPOLIS — A Dowagiac man was sentenced to probation Friday in the Cass County Mental Health Court program for his third drunk driving conviction.

Elvis Charles Irving, Jr., 44, of First Street in Dowagiac, pleaded guilty to third offense operating while intoxicated/impaired and was sentenced to two years probation in the mental health court program, credit for six days served and $2,208 in fines, costs and restitution.

The incident occurred July 12, 2024 in Dowagiac. Police found Irving slumped over the steering wheel of his car outside the Dollar General store in the city. His speech was slurred and police could detect the odor of alcohol. He failed a sobriety test and his blood alcohol level was found to be .188, more than twice the legal limit.

Defense attorney Greg Feldman called alcohol a “horrible demon” which Irving can’t consume again. “Some can drink a few beers and others can’t or they will put themselves in a hole,” he said. “He falls into the latter category of those who can’t drink at all.”

“I was pretty embarrassed by what I saw on the police video,” Irving said. “I don’t know that guy but that guy’s me. I just want to be there for my kids … I was a functioning alcoholic.”

“People come into court and say they want to be there for their kids,” Cass County Circuit Court Judge Mark Herman said. “You have two choices, your kids or alcohol. You can’t have both, you can’t have a drink if you want to be there for your kids.”

“Mental health court is going to be real intensive,” the judge added. “You have to check in every day and you will see me every two weeks. People are going to monitor you, look at your budget, where you are going and the things you can or can’t do.”

“If you violate treatment court, especially with drugs or alcohol, the reality is you will get a longer sentence than what you would get today,” he said. “We’re asking you to live a normal life, we’re trying to get you to think differently and realize you don’t need alcohol in your life.”