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State v. Davis7/28/1999
he trial court erred in its restrictive interpretation of SDCL 32-23-4.6. The Iowa Supreme Court reached a substantially similar Conclusion under the Iowa DUI laws in State v. Peterson, 347 NW2d 398 (Iowa 1984). In Peterson, the State of Iowa sought to revoke the driving privileges of a habitual DUI offender. To establish the defendant's habitual offender status, the State alleged he had five prior DUI convictions including convictions from Missouri and Minnesota. However, the applicable Iowa statute defined habitual offenders as persons with prior DUI convictions under a specific section of Iowa law. Therefore, the trial court dismissed the revocation petition on the basis that the out of state convictions could not be counted in determining whether the defendant was a habitual offender. The Iowa Supreme Court reversed, holding that the legislature's clear-cut intention to safeguard drivers from those who habitually violate motor vehicle laws in any and all states must prevail over the strained, impractical and absurd result reached by the trial court. See Peterson, 347 NW2d at 402.
[ ] The South Dakota Legislature's intention to safeguard drivers from those who habitually violate motor vehicle laws and DUI laws in any and all states is just as clear-cut in SDCL 32-23-4.5 and SDCL 32-23-4.6 as it was in Iowa law. In accord with that intention, the only requirements for conviction of a Class 5 felony DUI offense under SDCL 32-23-4.6 are that a person be convicted of a fourth or subsequent DUI and that he have a prior felony third offense conviction from any state. The record here shows Davis is charged with a fourth DUI and that he has not only one, but two prior felony third offense convictions in Iowa. Therefore, he meets all requirements for prosecution of a Class 5 felony under SDCL 32-23-4.6. It follows that the trial court erred in dismissing the part two information filed pursuant to that provision.
[ ] Reversed and remanded.
[ ] MILLER, Chief Justice, and SABERS, AMUNDSON, KONENKAMP, and GILBERTSON, Justices, participating.
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