Eberhardt v. State

OPINION

BOLGER, Judge.

In 2009, Robert Eberhardt was convicted of felony driving under the influence of alcohol. This offense required the State to prove that Eberhardt had two prior DUI convie-tions within the preceding ten years. In this appeal, Eberhardt argues that one of his prior convictions was too old to be counted.

In 1994, Eberhardt was charged with driving under the influence in Cowlitz County, Washington. This charge remained unresolved for several years because Eberhardt was accepted into a deferred prosecution program. However, in 2004, after Eberhardt was charged with DUI in…