Eugene Kimmi, of Everest, will serve 60 days in the Brown County Jail for violating the conditions of probation for a third-offense DUI.
Kimmi was sentenced on Oct. 4, 2010 to 12 months in jail on the charge. He became eligible for probation after serving 90 days of that sentence. As a condition of probation, Kimmi was forbidden from consuming any alcohol.
In a probation revocation hearing Monday, Atchison County Undersheriff Larry Myer testified that he smelled alcohol on Kimmi "immediately" while serving a search warrant at Kimmi's residence shortly before 1:30 p.m., Aug. 18.
Myer said he transported Kimmi to Horton Community Hospital for a blood-alcohol test at the request of Gary Niebling, Kimmi's probation officer. The Kansas Bureau of Investigation tested Kimmi's blood sample and found a blood-alcohol content of 0.05.
Kimmi said he had consumed 12-15 non-alcoholic beers the night before, and had stopped drinking at 1 a.m. Despite the use of the term, non-alcoholic beer contains small amounts of alcohol. In the United States, beer containing less than one-half percent alcohol can been marketed as non-alcoholic.
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