State v. Zeimet

OPINION

CRIPPEN, Judge. *

Appellant, who was convicted of a felony-level enhanced DWI offense because of qualified prior impaired-driving incidents, disputes the enhancement of his offense based on prior civil incidents. Under the governing statutes, a DWI offense is enhanced to a felony level if the defendant has three or more qualified prior impaired-driving incidents, either civil or criminal.

Appellant acknowledges the existence of six impaired-driving incidents, four criminal and two civil, that qualify to enhance his DWI offense. Under the sentencing guidelines, prior criminal incidents…