State v. LundAnnotate this Case
The Supreme Court affirmed Defendant's conviction for driving under the influence of alcohol (DUI), fourth offense, a felony under Mont. Code Ann. 61-8-401, holding that the district court did not err in denying Defendant's motion to dismiss.
On appeal, Defendant argued that his Montana conviction for felony DUI was erroneous because it was based on previous DUI convictions from Alaska in 2003, 2007, 2009 under an Alaska statute that was dissimilar to Montana's DUI statute. Therefore, Defendant argued that the three prior Alaska DUI convictions did not qualify as predicate offenses for felony enhancement under Mont. Code Ann. 61-8-731(1). The Supreme Court disagreed, holding that the district court properly determined that Defendant's prior convictions under Alaska's DUI statute required a "similar" standard of impairment to Montana's DUI statute, and therefore, Defendant's three prior Alaska DUI convictions qualified as predicate offenses for enhancement purposes under Montana's felony DUI statute.