State v. Goerig

SILAK, Judge.

James Goerig was arrested in Kootenai County by a Rathdrum city police officer for driving under the influence of alcohol, I.C. § 18-8004, and he was also charged with resisting a police officer, I.C. § 18-705. Because Goerig had pled guilty to two prior offenses of driving under the influence of alcohol between 1985 and 1989, the prosecutor charged Goerig with a felony violation of I.C. § 18-8004 pursuant to I.C. § 18-8005(3). Under I.C. § 18-8005(3), a third conviction within five years for driving under the influence of alcohol is a felony and carries an enhanced penalty.

On…