Rhoads v. StateAnnotate this Case
The Supreme Court reversed Defendant’s conviction of fourth offense felony driving while under the influence (DWUI), holding that the district court erred, as a matter of law, when it concluded that the loopback for a fourth offense DWUI is to the date of the conviction and not to the date of the underlying offense.
The State charged Defendant with felony DWUI in violation of Wyo. Stat. Ann. 31-5-233(b) and (e). The State based Defendant’s felony charge on his three prior convictions for DWUI within ten years of his most recent arrest. Defendant’s first offense did not occur within ten years of his fourth, but his conviction for the first for the first offense occurred within ten years of his fourth offense. Defendant appealed after pleading guilty to fourth offense felony DWUI. The Supreme Court reversed, holding that the felony enhancement loopback is to the offense and not the conviction.