State v. Wertheimer

OPINION

ANDERSON, G. BARRY, Justice. ,

Appellant, Scott Wertheimer, was arrested on May 12, 2007, for driving while impaired. Wertheimer had three previous driving-while-impaired (DWI) convictions, with the earliest on May 12, 1997. Following Wertheimer’s May 12, 2007, arrest, the State charged him with first-degree DWI, a felony, on the assumption that his May 12, 2007, violation was “within ten years of’ his May 12, 1997, conviction as required by Minn.Stat. § 169A.24, subd. 1(1) (2008). The sole issue before us is whether May 12, 2007, is within ten years of May 12, 1997. The parties dispute…