Man stopped for driving drunk three days after pleading guilty to DWI

Darin Evans, 52, of Gainesville, is charged with driving while intoxicated as a persistent offender (two or more prior DWI convictions), which qualifies the case as a felony-level charge, as well as operating a vehicle without a valid license and failure to register a motor vehicle. 

Online court records indicate that a warrant was issued, and he was arrested Sept. 28, then released two days later after he enrolled in Synergy Executive, a men’s only private residential substance abuse treatment facility. The document says he will participate in the program when an open bed is available, and then he will be returned to the custody of the Ozark County Sheriff after he successfully graduates the program. 

He is scheduled to return to court for a criminal setting before Associate Judge Raymond Gross at 9 a.m. Oct. 15. 

According to the probable cause statement, prepared by Missouri State Highway Patrol Cpl. D. Johnson, at 3:50 p.m. Sept. 27, he saw Evans driving a blue 1995 Chevrolet pickup on County Road 103, known locally as Ballpark Road, in Gainesville. 

“I knew Evans did not have a valid license (suspended) due to a previous driving while intoxicated arrest that I had worked,” Johnson said, explaining that the Sept. 27 stop was just three days after Evans’ pleaded guilty and was convicted of driving while intoxicated in another Ozark County case involving a 2023 incident. 

“I contacted the driver and sole vehicle occupant, Darin Evans, and informed him of the reason for the stop. Evans informed me he was headed to town to get fuel in his farm truck. I informed Evans he was not permitted to drive at all when he did not have a valid license.”

Johnson asked Evans to accompany him back to the officer’s patrol vehicle, where he had Evans sit while he conducted a routine computer search on his computer. It confirmed that Evans did not have a valid license and had two active license suspensions for driving while intoxicated (dated Aug. 3 and July 17). The vehicle’s registration/license plates were also not on file, as they had expired.

“I detected the odor of alcohol emitting from Evans’ person, and as he spoke, Evans attempted to open the side window, which is common for intoxicated persons to let the odor of alcohol out of the vehicle,” Johnson wrote. “Due to rain and Evans’ size, I did not bring up alcohol issues at the scene. I informed Evans that he was under arrest for driving without a valid license… and transported him to the Ozark County Sheriff’s Department for fingerprinting.”

After Evans and the officer arrived at the sheriff’s department, Johnson mentioned that he smelled the odor of alcohol and attempted to administer the horizontal gaze nystagmus test as Evans was seated on the jail’s booking bench. 

“He followed the stimulus initially as I observed equal tracking, pupil size and lack of smooth pursuit. However, when I took the stimulus to the maximum deviation, he would not follow the stimulus all the way and smiled like he knew he was thwarting the test,” Johnson wrote. 

The officer then gave Evans a preliminary breath test, which registered at .1983 percent, more than double the legal driving limit in Missouri of .08 percent. 

Johnson read Evans his Miranda rights and asked him about that night. Evans reportedly said he had two beers. A search warrant was obtained and two blood vials were drawn from Evans by a paramedic. The blood was processed and later forwarded to the MSHP crime lab for analysis. 

Evans has two prior convictions for driving while intoxicated. He was convicted on Sept. 24 of this year of the offense and also in 1999.