Wednesday, April 16, 2008

DUI Ruled non Violent Felony for Prison Sentences

The Supreme Court ruled Wednesday that convictions for drunken driving do not count as violent felonies for enhancing prison sentences.

The justices, by a 6-3 vote, said that even though great harm can result from drunken driving, it is different from other crimes that involve purposeful action. Justice Stephen Breyer wrote the majority opinion.

Larry Begay had three felony convictions for drunken driving in New Mexico. He pleaded guilty to possessing a gun, which is illegal after having been convicted of a felony.

The Armed Career Criminal Act makes defendants eligible for longer prison terms if they have three prior criminal convictions for crimes that are either violent felonies or serious drug offenses.

Justices Samuel Alito, David Souter and Clarence Thomas dissented.