Prosecutors in Suffolk County, New York, expressed outrage after a judge released an undocumented immigrant without bail, despite his fourth felony conviction for driving while intoxicated within a decade. Pablo Aguilar-Alvarez, 36, who had previously been deported, was convicted Friday by a jury for his latest DWI offense but was ordered released by Suffolk County Judge Bryan ays prior to his sentencing.
"There is no question that Pablo Aguilar-Alvarez is a danger to society," Suffolk County District Attorney Ray Tierney stated. "Despite multiple prior felony DWI convictions, this defendant once again chose to get behind the wheel after drinking, putting everyone on the road at risk."
Aguilar-Alvarez, a national of El Salvador, was deported on March 1, 2024, following his third DWI conviction. Prosecutors noted his prior convictions include felony DWIs on June 16, 2022, April 19 and Oct. 11, 2017, and a misdemeanor DWI in 2012.
Despite his deportation, Aguilar-Alvarez is alleged to have re-entered the United States. His most recent arrest occurred on November 29, when he was reportedly found driving with a blood-alcohol content of .17, more than double the legal limit of .08. The incident took place at a Southampton gas station, where his girlfriend allegedly asked a clerk to call 911 out of concern.
Southampton police apprehended Aguilar-Alvarez nearby. He is said to have attempted to deceive officers by exiting the passenger side of the vehicle. However, sobriety tests confirmed his intoxication, leading to his arrest.
Following the jury's verdict on Friday, Aguilar-Alvarez faces a maximum sentence of seven years in prison. Sentencing is scheduled for October 2. Prosecutors had requested that he be held without bail until that date, a request that Judge Browns denied.
An attempt to seek comment from a representative for the state Office of Court Administration, which represents judges, was unsuccessful as of Monday.