The statute states that a third DUI within 10 years can be charged as a third degree felony. This includes any offense which the statute states is enhanceable, such as a reckless driving, alcohol related. If all three convictions are within the ten year period, the third offense can be filed as a felony, although it may not be filed as a felony.
Answered on Apr 29th, 2015 at 1:17 PM