Ross v. State

OPINION

MANNHEIMER, Judge.

The offense of driving while intoxicated (DWI) has traditionally been a misdemeanor, but in 1995 the Alaska Legislature made this offense a class C felony for defendants with two prior convictions for either DWI or breath-test refusal within the preceding five years. See AS 28.35.030(n), enacted by 1995 SLA ch. 80, § 7. The main issue raised in this appeal is whether the existence of the defendant’s two prior convictions is an element of the crime of felony DWI, or is instead merely a factor that enhances the defendant’s sentence. For the reasons explained below, we…