Dewart v. State

Jack E. DeWart appeals from an Order of the First Judicial District Court, Lewis and Clark County, dismissing his complaint for declaratory and injunctive relief. We affirm.

The issue on appeal is whether the District Court erred in concluding that § 61-5-208(2), MCA (1989), requires a one year driver’s license revocation when an individual is convicted of a blood alcohol concentration (BAC) violation within five years of a driving under the influence of alcohol (DUI) conviction.

Appellant Jack DeWart (DeWart) was convicted of the offense of DUI pursuant to § 61-8-401, MCA, on August 13, 1986.…