Eye On Boise

Appeals Court: 3 DUIs and you’re a felon, regardless of which came first

Posted by Betsy

Aug. 10, 2010 2:17 p.m. • 0 comments

Idaho’s Court of Appeals has rejected an appeal from an Ada County man, William Howard Locke, who challenged his felony prosecution for a third DUI because his third offense actually occurred after the one for which he was hit with the enhanced penalty. But it was his third conviction - he was first convicted of his first DUI, then convicted of the third offense, then convicted of the second. “Idaho Code … makes a third DUI conviction within ten years a felony, regardless of the sequence of arrests,” Judge David Gratton wrote for a unanimous court.

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