A Payson councilman will go on trial in January in Spanish Fork's 4th Circuit Court on a charge of driving under the influence of alcohol.

A Utah County deputy sheriff arrested John M. "Mike" Rogers, 49, in the early hours of Oct. 4 near Payson Canyon. Deputy Mike McConnell believed Rogers had been drinking and transported him to the Utah County Jail.Sheriff Dave Bateman said that after the arrest, Rogers refused to take a breath test. He also refused to sign a promise-to-appear summons. He was released from jail after posting a $600 bond.

Rogers was scheduled to appear in court Tuesday for a pretrial hearing, but Rogers' attorney, Robert Van-Sciver, called the court and asked that a trial date be set. Rogers will go on trial for the Class B misdemeanor on Jan. 30. Rogers entered a not-guilty plea on Oct. 23 by way of a letter to the court.

This is the third time Rogers has been arrested and charged with driving under the influence in the past six years. He was convicted of drunken driving in February 1985 and again in February 1989. Because Rogers has a conviction within the past five years he faces a minimum sentence of 10 days in jail if found guilty. He also faces a possible $1,000 fine.

For refusing to take a breath test, Rogers could lose his driver's license for one year. That matter will be heard by the State Driver License Division.