State v. ChantAnnotate this Case
Defendant was charged with driving under the influence (DUI). A Part II Information alleged that Defendant had two prior convictions of DUI - one in 2004 and a second in 2006. Defendant filed a motion to strike the Part II Information, arguing that his 2004 DUI conviction was unconstitutional because the court neither advised him of the waiver effect of a guilty plea nor inquired into whether the plea was voluntary. The circuit court denied the motion to strike. After a trial, the circuit court entered a final judgment of conviction for third offense DUI. The Supreme Court affirmed, holding (1) a defendant may only collaterally attack prior convictions used for enhancement if he or she was unrepresented by counsel when pleading guilty; and (2) because Defendant was represented by counsel during the 2004 plea proceedings, the Court did not need to consider whether his 2004 plea was valid for enhancement purposes.