Benjamin B. Daniels

After being arrested this spring for his fourth drunk driving offense in less than a decade, Benjamin B. Daniels made bail and was released from custody. But less than a week later, Daniels was caught driving drunk again and put back in jail.

The pair of DUIs resulted in five to seven years of prison time for Daniels last week.

As he accepted the stipulated sentence, District Court Judge Bill Simpson observed that Daniels has had an “overpowering” addiction to alcohol.

“... it’s made you a person you don’t want to be,” Simpson told the 45-year-old. “And I just hope and pray that you can continue to try to maintain your sobriety for the rest of your life, because if not, it’s just going to continue to be a very difficult and painful experience — not only for you, but for your family.”

Prior offenses

Daniels acknowledged that the DUIs from last spring represented his fourth and fifth convictions over the last decade — following impaired driving in 2016, 2017 and 2022; a prosecutor said Daniels also had “multiple DUIs that are older.”

Daniels made national headlines in 2009, when Cody police cited him for public intoxication for allegedly riding his horse on a city street while drunk.

More significantly, he received a pair of felony convictions for strangling a household member in 2007 and 2011, charging documents say. He served an 18- to 22-month prison sentence in connection with the 2022 DUI, because Cody police found a loaded rifle in the felon’s vehicle.

Daniels completed that prison time, but ran into more trouble in the spring. 

Cody DUI

On the morning of April 21, a manager at the Cody McDonald’s reported that Daniels had yelled and swore at her staff while going through the drive thru; she said he was slurring his words and suspected he was drunk, charging documents say.

Responding Cody Police Officer Daniel Villalobos spotted Daniels backing out of the nearby Subway parking lot and similarly concluded that he was intoxicated. Although police obtained a search warrant for a sample of his blood, Daniels was uncooperative and had to be physically restrained before staff at Cody Regional Health could draw his blood, Villalobos wrote in an affidavit. Daniels acknowledged last week that the test put his blood alcohol content around 0.3% — more than three times the legal limit for driving.

Daniels was released from jail about a week later, posting a $5,000 cash bond on April 28.

But Powell police rearrested him about five days later.

Powell DUI

Around 4:30 p.m. on April 28, a caller reported that a silver Dodge Ram was driving all over the road. Powell Police Officer Nathan Bivens wrote in an affidavit that he soon spotted the truck swerving between lanes on East Coulter Avenue.

Bivens stopped the truck and found Daniels at the wheel — even though he didn’t have a valid license and had been barred from driving while his DUI case remained pending.

Daniels’ speech was slurred, he swayed on his feet and he smelled like alcohol, Bivens wrote.

After being placed under arrest, Daniels provided a breath sample that again put his blood alcohol content around 0.3%, charging documents say. At that level, the Cleveland Clinic says a person may begin to suffer alcohol poisoning.

Daniels was not released again, as his earlier bond was revoked and his bail was eventually upped to $100,000 cash on the pending charges.

Sentenced for two DUIs

At a Thursday hearing in District Court, Daniels pleaded guilty to two felony counts of driving under the influence of alcohol for a fourth or subsequent time within a 10-year period. Five misdemeanor charges connected to the two arrests were dismissed as part of a plea deal with the Park County Attorney’s Office.

Daniels expressed thanks to his court-appointed attorney, Travis Smith, and Deputy Park County Prosecuting Attorney Larry Eichele for striking the deal. He also thanked his family and girlfriend for their support.

Before starting his prison time, Daniels asked to be released from jail for a couple days to get his affairs in order; he was granted a similar reprieve before starting his prison time in 2023. However, Eichele objected, citing Daniels’ criminal record and a risk to public safety. 

Simpson declined to grant a furlough.

The judge said Daniels is a wonderful person when sober — noting success as a firefighter and as a volunteer — but “a menace and a real danger” when not.

“You really need to take this for what it is, which is a very, very last chance,” Simpson said of the sentence.

If Daniels can stay clean, the judge said he’ll be welcomed back to the community at the conclusion of his prison term.

Daniels had served 170 days in jail as of Thursday, which will count toward his prison time.