A judge has released a man arrested for his sixth driving under the influence case where officers found he was nearly four times the legal limit in McHenry.
Fernando Sanchez-Rivera, 57, of Elgin, was charged with aggravated driving under the influence with five or more prior violations, driving on a revoked or suspended license and two counts of aggravated driving under the influence with a license suspended or revoked.
A criminal complaint filed in McHenry County Circuit Court said Sanchez-Rivera was observed driving eastbound in the 2100 block of Route 120 in McHenry.
Officers conducted a traffic stop on his vehicle around 1 p.m. on Thursday.
Sanchez-Rivera was not allowed to be driving as his driving privileges were suspended or revoked, the complaint said.
Sanchez-Rivera was also driving under the influence of alcohol, the complaint said.
He had a blood alcohol concentration of 0.314, which is nearly four times the legal limit of 0.08.
Sanchez-Rivera has five prior convictions for driving under the influence, the complaint said.
Those violations occurred in 1991, 2002, 2006, 2008 and 2010 in Kane County.
Sanchez-Rivera was arrested and transported to the McHenry County Jail.
He appeared for an initial appearance on Friday and was released from custody by McHenry County Judge Carl Metz.
Metz denied a petition filed by the McHenry County State’s Attorney’s Office that sought to hold Sanchez-Rivera in custody pending trial.
Prosecutors argued Sanchez-Rivera poses a real and present threat to the safety of the community.
Metz ordered Sanchez-Rivera not to drink alcohol or use any controlled substances without a medical prescription.
The judge also ordered Sanchez-Rivera to be placed on a continuous alcohol monitoring device and not operate a vehicle.
Some of the charges against Sanchez-Rivera are Class X felonies, meaning he faces a mandatory six to 30 years in prison if convicted.
Sanchez-Rivera is scheduled to appear in court again on December 13 for an arraignment hearing.