Misdemeanor DUI convictions enhance federal felony sentencing

Posted on October 31, 2008 by Dan Jaffe

United States Court of Appeals, Eighth Circuit.
UNITED STATES of America, Appellee, v. Gabriel E. PANDO, Appellant. No. 08-1317.
Submitted: Sept. 24, 2008. Filed: Oct. 30, 2008
 

The eighth circuit has confirmed that a misdemeanor DUI conviction adds a criminal history point for federal felony sentencing.

Sentences for Driving While Intoxicated or Under the Influence. Convictions for driving while intoxicated or under the influence (and similar offenses by whatever name they are known) are counted. Such offenses are not minor traffic infractions within the meaning of § 4A1.2(c). *3 USSG § 4A1.2, comment. (n.5) (emphasis added). "States define terms such as 'under the influence' in various ways. In a number of states, the term means simply that an individual's ability to drive a vehicle is impaired. Thus, the reference in Application Note 5 to 'similar offenses' means offenses involving driving and alcohol impairment." United States v. Walling, 974 F.2d 140, 142 (10th Cir.1992) (internal citations omitted).
 

ANALYSIS: DUI attorneys beware to warn clients who might have a propensity to commit federal felonies that their drunk driving conviction could add months or years to future sentences. Clearly misdemeanor DWI punishments extend beyond the confines of misdemeanor sentencing guidelines.

Tags: , , , , ,
Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.duilawblog.com/admin/trackback/93939
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.