State v. Bird

¶1 A charge of driving while under the influence (DUI) may be elevated to a felony when a defendant has previously been convicted of vehicular assault while under the influence of alcohol or drugs. Here, the defendant had previously entered an Alford1 plea to vehicular assault under all three alternative means, including DUI. Moreover, it is clear from the underlying facts in that case that the defendant was under the influence of alcohol and drugs when his passenger was injured. Accordingly, we reverse the trial court and remand for further proceedings.

FACTS

¶2 In January 2013, Bird was…