State v. Krebs
Annotate this CaseIn 2014, the State charged Defendant with felony driving under the influence (DUI). The probable cause affidavit alleged that Defendant had three prior DUI convictions, one from North Dakota in 1988. Defendant filed a motion arguing that the 1988 conviction was not a qualifying conviction because it was impossible to determine whether the conviction was a “blood alcohol concentration” conviction or an “under the influence” conviction because the same North Dakota statute governed both offenses. The district court denied Defendant’s motion, concluding that it was Defendant’s burden to prove the nature of the 1988 conviction. The court then ruled that the conviction could be used to support the felony charge. Defendant pleaded guilty to the felony, reserving his right to appeal the denial of his motion. The Supreme Court reversed, holding that the State bore the burden of proving that the 1988 conviction could be used to support its felony charge against Defendant and that the State failed to meet this burden. Remanded.
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