957 N.E.2d 1010
Ind. Ct. App.2011Background
- Eichorst was charged in 2010 with a Class C misdemeanor for BAC ≥0.08 and a Class D felony enhancement based on a 2005 OWI conviction within five years of the 2010 incident.
- The 2005 OWI conviction occurred more than five years before some actions at issue, leading Eichorst to move to dismiss the Class D felony charge.
- The trial court dismissed the Class D felony charge, then reinstated it, then the State moved to reconsider, and the court ultimately dismissed again.
- The State appealed, arguing the five-year lookback for the enhancement runs from the prior conviction date, not the underlying act.
- The Indiana Court of Appeals reversed and remanded, holding the five-year period runs from the prior conviction date for section 9-30-5-3.
- The decision clarifies that an OWI enhancement under section 9-30-5-3 requires a prior OWI conviction within five years preceding the current offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether five-year period under 9-30-5-3 runs from prior conviction date | State: period runs from prior conviction date | Eichorst: period runs from the act that led to the prior conviction | Five-year period runs from prior conviction date |
Key Cases Cited
- Rupert v. State, 717 N.E.2d 1209 (Ind.Ct.App. 1999) (statutory interpretation guidance in construing intent of legislature)
- Fuller v. State, 752 N.E.2d 235 (Ind.Ct.App. 2001) (interpretation of state statutes and policy in OWI context)
- Meredith v. State, 906 N.E.2d 867 (Ind.2009) (rule of lenity and resolving ambiguities in favor of the accused)
- Scott v. Irmeger, 859 N.E.2d 1238 (Ind.Ct.App. 2007) (statutory interpretation reserved to courts; general interpretive framework)