Eberhardt v. State

Driving under the influence is a misdemeanor offense. But if the defendant has been previously convicted two or more times within the ten years preceding the date of the present offense, the offense is a class C felony.1

The defendant in this case, Robert Eber-hardt, was convicted of driving under the influence in Juneau on January 2, 2009. Because the trial jury determined that Eber-hardt had two prior DUI convictions within the preceding ten years (one in Oregon and one in Washington state), Eberhardt was convicted of a felony. The question is whether the jury properly considered Eberhardt's…