State v. Calvert
Annotate this CaseThe State charged Defendant with fourth-offense driving under the influence of alcohol (DUI), a felony. As a basis for the charge, the State cited Defendant's three prior DUI convictions in Nevada. Defendant filed a motion to dismiss the felony charge, asserting that his second and third DUI convictions were premised on a Nevada statute that was not sufficiently similar to Montana's DUI statutes to constitute prior convictions for purposes of supporting a felony charge. The district court denied the motion. Defendant subsequently pled guilty to felony DUI, reserving his right to appeal the denial of his motion to dismiss. The Supreme Court affirmed, holding that the district court did not err by denying Defendant's motion to dismiss the felony DUI charge because Nevada's statute was sufficiently similar to Montana's DUI and DUI per se statutes to support Defendant's felony conviction under Montana law.
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