He's spent time in prison before, but 42-year old Luis Cruz is headed back to the penitentiary, convicted of his seventh DUI. Cruz had a blood alcohol level of .117 when he got into an head-on collision between Canton and Sioux Falls October 2008.

Cruz's troubles with drunk driving started back in 2000. The 42 year old Sioux Falls man was arrested three times for drunk driving that year. Cruz was arrested again for DUI in April 2002, December 2003 and May 2004 before he was picked up again for his seventh in October last year.

Forty-two-year-old Luis Cruz walked into the Lincoln County Courthouse Tuesday a seven-time convicted drunk driver; he walked out with a five year prison sentence.

"I think Mr. Cruz has been very serious about these issues, he's tried in the past. It's just addiction is never one of those things that somebody cures. It's something they manage and people will slip from time to time and that's what happened here," Cruz's attorney Bill Golden said.

Cruz faced a maximum of ten years in prison, but only received half of that Tuesday. And since he's already spent about four months in jail, he'll be eligible for parole in October 2010.

"That gives him enough time to go through all of the programs they have up at the penitentiary for alcohol. Some of the classes that will help when he gets out on parole, so hopefully when he gets out on parole he doesn't go back," Cruz's attorney Bill Golden said.

Lincoln County State's Attorney Tom Wollman asked for eight years, saying the only way to make sure Cruz does not drink and drive again is to put him in prison.

"The people of South Dakota are flat out tired of people like Luis Cruz," Lincoln County States Attorney Tom Wollman said.

 Wollman says he's never seen someone convicted of this many DUI's. Because state law only recognizes up to four drunk driving offenses and this was Cruz's fourth time, Cruz now has four fourth offense DUI's on his record.
 
Tonight at on KELOLAND News at Ten on the Nightbeat we'll look at South Dakota law and the penalties that come with driving drunk.