People v. Smith

Defendant was charged with driving under the influence of intoxicating liquor (ouil) or with an unlawful blood alcohol level (ubal), in excess of 0.10 percent by weight of alcohol contrary to MCL 257.625; MSA 9.2325. Because defendant had two prior convictions for driving while impaired, MCL 257.625b; 9.2325(2), count ii of the complaint contained a supplemental notice alleging that if defendant were found guilty of the lesser included offense of impaired driving the people would allege that such conviction was a third or subsequent offense of operating a motor vehicle while visibly impaired,…