State v. Wilkins

This is an appeal by the State challenging the district court’s refusal to consider a prior uncounseled OWI conviction for purposes of supporting an offense of third-offense OWI. 1 The defendant, Karen L. Wilkins, cross-appeals, challenging the revocation of her driving privileges. After reviewing the record and considering the arguments presented, we reverse the district court on the State’s appeal and affirm that court on Wilkins’ appeal.

Wilkins was charged with third-offense OWI after a chemical test of her breath imposed pursuant to the implied-consent law revealed an alcohol…