Man faces new DUI charges

Nicholas Robert Smalley made his initial appearance before Judge Molly Owen on Tuesday, entering a not guilty plea to a new felony charge of driving under the influence of drugs or alcohol and misdemeanor charges of driving while license suspended and unlawful possession of alcoholic beverage container in motor vehicle. Judge Owen set this matter for an arraignment on July 23, after discussion between the parties regarding a potential global resolution following a revocation also being filed in Missoula County.

As alleged in the filed affidavit, on June 23, 2024, Deputy Devin Wegener was patrolling in Hot Springs when he saw a man slumped sideways at an odd angle in a pickup in a local restaurant’s parking lot. Deputy Wegener drove past the lot several more times, noting that the driver, later identified as Smalley, was not moving. As the outside temperatures were climbing close to 90℉, Deputy Wegener stopped to check on Smalley to rule out a possible medical emergency, like heat stroke.

Upon approaching the vehicle, Deputy Wegener noted that Smalley was breathing and woke up when called out to. Smalley confirmed he was okay and that he had stopped to sleep, but he was allegedly nearly incoherent and speaking with slurred speech. Deputy Wegener observed an open alcoholic beverage on the dash and smelled the odor of alcohol emanating from the truck. After these observations, Deputy Wegener asked for Smalley’s identification and when he last drank alcohol. Smalley provided an expired Idaho identification card and claiming he had drunk about two hours prior, before stopping to wait for some other individuals. Claiming that the open beverage was old, Smalley shook the can, with Deputy Wegener hearing the sloshing of liquid inside. Smalley agreed to a preliminary breath test, and while Deputy Wegener was retrieving the equipment, Dispatch informed him that Smalley’s driving privileges were suspended in Montana and Idaho, with at least four previous DUI convictions from those states. Smalley blew a result of 0.186 BAC and was arrested, with a blood draw being performed at Clark Fork Valley Hospital, pursuant to a search warrant. While at the hospital, Smalley allegedly expressed his displeasure to Deputy Wegener that he had been arrested in a parking lot after a “night on the town.”

Smalley’s criminal record showed that he had four previous convictions for DUI in Montana and Idaho, as well as two pending felony DUI cases, one in Sanders County and the other in Missoula County.