Colusa County DA arrested, not booked on DUI

Colusa County District Attorney John Poyner said he will plead guilty to drunken driving and "take my punishment."

Poyner was arrested by the California Highway Patrol about 10:20 p.m. Friday on Highway 20 between Williams and Colusa, just east of the 2047 Canal.

He was not, however, booked into Colusa County Jail.

"I was taken to the jail and blew into the machine, and they asked me if there is someone I could call to come pick me up," Poyner said Wednesday.

"I did not ask for any special treatment and no one offered me any special treatment," Poyner said.

John Waggoner, the public information officer for the CHP in Williams, said the decision was made by the arresting officer and CHP supervisors not to book the district attorney.

"Due to the fact that he is the (district attorney) in the county and the fact he has prosecuted the inmates in the jail ... the decision was made not to book him," Waggoner said.

Waggoner said the situation could have created a "conflict" between Poyner and inmates whom he had prosecuted or those who were waiting to be prosecuted.

The activity at the jail facility all took place in what is called the pre-booking area. Poyner blew what was described as a "positive" result, but the exact blood-alcohol reading was not available.

Poyner's case was never handed over to the jail division, officials confirmed.

Sheriff's Lt. Shane Maxey said it would not be the practice of the department to offer a cite and release for someone who had been formally booked.

The CHP reaffirmed the decision was made by the officer and supervisors involved.

Poyner said when the arrest and investigation report comes to his office, someone there will send it on to the state Attorney General's Office.

"I will plead guilty and take my punishment," Poyner said. "I will end up doing my 48 hours like anyone else."

Poyner said he and his wife had been out to dinner at a Williams restaurant and he was stopped on his way home.

The CHP said he underwent a field sobriety test, and was arrested on suspicion of driving under the influence of alcohol.

His car was towed.

"It does not change anything about the report and how things went down out there," Waggoner said. "We did not give him any special treatment except for what happened at the jail."

No public statement was released by the CHP office either. Waggoner said that matter has been part of discussions with the new office commander, Lt. J.T. Epperson.

In February 2006, Poyner's son, Bryan, was arrested on suspicion of drunken driving at Highway 99 and Franklin Road in Yuba City.

At the time, the younger Poyner, then a Colusa police officer, was clocked going 101 mph. His blood alcohol was about twice the legal limit of .08 percent.

In August 2006, Bryan Poyner pleaded guilty to the drunken driving charge and was sentenced to 30 days in jail, three years probation, fined $1,677 and ordered to attend DUI school. He also lost his job.

In January 2009, a visiting judge in Sutter County reduced Bryan Poyner's probationary period by seven months so he could apply for another law enforcement job.