Lovie v. State

OPINION

This is an appeal from a judgment of conviction pursuaiit to a guilty plea of one count of third offense driving while intoxicated.1 Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.

Appellant was stopped for speeding on August 2, 1991, in Elko County, Nevada. He smelled of alcohol and failed several field sobriety tests. A subsequent breath test revealed a blood alcohol level of between 0.16 and 0.14 percent. Appellant agreed to plead *489guilty to third offense driving while intoxicated, NRS 484.3792(l)(c), in return for the state’s promise…