State v. Miller

HARRIS, Senior Judge.

In common with the scheme prevailing throughout the country, Iowa law provides increasing penalties for repeat convictions of operating a motor vehicle while intoxicated. Prior to 1997, only those OWI convictions occurring during the previous six years were reckoned in fixing enhanced punishment. In 1997 the General Assembly expanded this time frame for prior OWI offenses, increasing it to twelve years. Since then Iowa courts have been presented with many ex post facto claims that extension into the past should not apply for convictions that had already passed (by virtue…