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State v. Dufault5/30/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Third Judicial Circuit Hand County, South Dakota Hon. Jon R. Erickson, Judge
Considered on Briefs April 24, 2001
Opinion Filed 5/30/2001
[ .] Criss Scott DuFault, who pled guilty to second offense driving under the influence of alcohol, a violation of SDCL 32-23-1, claims the trial court exceeded its authority in revoking his driver's license for fifteen years. We affirm.
FACTS AND PROCEDURE
[ .] DuFault, age 47, was arrested for DUI on July 28, 2000 at approximately 5:30 p.m. after a citizen called the Hand County sheriff's office to report a car that was "all over the road" near Miller, South Dakota. He failed field sobriety tests and admitted to having had three drinks within an hour. He provided a blood sample which later analysis revealed a blood alcohol content of .311 percent. This is three times over the "legal limit."
[ .] DuFault appeared before the trial court on October 23, 2000 and pled guilty to DUI second offense, a class 1 misdemeanor. SDCL 32-23-1. The trial court advised him a violation of this statute carried a maximum punishment of one year in jail, $1,000 fine, payment of court and prosecution costs, and restitution. The court found a factual basis existed for accepting the plea and that DuFault understood his constitutional rights and the maximum possible punishment.
[ .] The State advised the court that DuFault had eight DUI arrests since 1988, however only one fell within the five-year statutory period provided by SDCL 32-23-4.1, permitting this offense to be charged as a second offense DUI. A partial record of his DUI history follows:
6/88 - 60 days suspended sentence and fine
11/88 - 60 days in the state penitentiary
7/90 - 120 days in county jail
5/95 - dismissed by prosecutor
11/95 - serve 15 days of suspended one-year sentence, fine, and loss of driver's license for one year
[ .] The Department of Motor Vehicles records also indicated his driver's license had been revoked for 25 years in 1990, but in February 2000, the Department received an order from a judge reinstating it. Five months later, in July 2000, DuFault was arrested for driving under the influence , the event underlying this appeal. When asked, DuFault told the trial court he could not explain his history of drinking and driving.
[ .] Immediately prior to sentencing, DuFault quit his job as a journeyman plumber in Pierre, completed substance abuse treatment and was seeking an aftercare program. He had completed similar programs twice before. He had no explanation when the court asked him why he believed treatment would work this time. The court indicated its concern for the safety of the public and protecting them from DuFault's drinking and driving and stated, "Mr. DuFault, for a record like yours it's just dangerous to have you on the streets. You're going to kill somebody." The court then sentenced DuFault to a year in jail and revoked his driver's license for 15 years. DuFault appeals the revocation period.
ANALYSIS AND DECISION
[ .] DuFault claims any revocation period greater than one year exceeds the trial court's authority under SDCL 32-23-3. He did not raise this issue before the trial court. Failure to do so results in a waiver of the issue before this Court. "To preserve issues for appellate review litigants must make known to trial courts the actions they seek to achieve or object to the actions of the court, giving their reasons." State v. Nelson, 1998 SD 124, , 587 NW2d 439, 443; SDCL 23A-44-13. Issues not advanced at trial
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