On Tuesday morning a Barton County jury convicted Gavin Edward Allen of driving under the influence of alcohol, a felony, and transporting an open container, a misdemeanor. County Attorney Levi Morris explained that the DUI conviction is a felony in this case because it is a third or subsequent conviction within the last 10 years.

On Sept. 17, 2020, Great Bend Police officers responded to a report of a vehicle parked with a male subject passed out in the back seat. On-scene, officers observed an open alcoholic beverage. Officers made contact with Allen after waking him up and observing that he appeared to have vomited on himself. Allen denied that he was the driver. However, video was obtained on-scene that showed the operation of the vehicle and the defendant Allen exiting the driver’s seat.

A search warrant for Allen’s blood was obtained. Kansas Bureau of Investigation testing revealed that Allen’s blood alcohol level was .16, twice the legal limit.

Jury selection and all of the State’s evidence were completed on Monday. The jury deliberated until 6 p.m. Monday and then recessed until Tuesday morning.

The case number is 2020-CR-449. Sentencing is scheduled for Monday, Nov. 21, at 2 p.m. Felony DUI convictions prior to July 1, 2022, are punishable by up to one year in a county jail and a $2,500 fine. While that sentence is not directly affected by a defendant’s criminal history score, after informal review of Allen’s criminal history, the State of Kansas anticipates that Allen will have a criminal history score of “A,” which is the highest possible score under Kansas sentencing laws, Morris said.

The State of Kansas was represented by Assistant Barton County Attorney Colin Reynolds. The Defendant was represented by Lee McVey.