Supreme Court: DUIs Are Not Violent Felonies
The US Supreme Court has made headlines in recent weeks with important rulings on everything from Second Amendment gun rights to federal preemption of state laws on medical devices. Some of their lesser known rulings, however, have just as far-reaching and potentially interesting implications.
Recently, the Supreme Court determined that DUI convictions cannot be considered violent felonies under the Armed Career Criminal Act. They overturned a case that had been decided in a criminal court and upheld in an appellate court concerning a New Mexico man named Larry Begay who had 12 convictions for DUI on his record when pleading guilty to possession of a firearm.
The Armed Career Criminal Act sets increased prison sentences for "career criminals" found to possess a firearm. According to the provisions of the act, those who have been convicted of three violent felonies ("career criminals") are given mandatory 15-year prison sentences. Since the law in New Mexico states that the fourth and subsequent DUI convictions are counted on the criminal record as felonies, Begay was more than qualified for the harsh sentence.
Originally, a New Mexico criminal court had given Begay the sentence under the Armed Career Criminal Act, and this decision was upheld upon appeal. But the Supreme Court decided instead to overturn the previous rulings by lower courts, 6-3.
The line of reasoning taken by the majority of judges was to interpret differently the definition of "violent felony"contained in the Armed Career Criminal Act. This definition is given as "burglary, arson or extortion, involves use of explosives or otherwise involves conduct that presents a serious potential risk of physical injury to another."
Rather than rule that simple possession of a firearm constituted "serious potential risk of physical injury to another," as the lower courts had, the Supreme Court decided that the extended sentence for a violent felony should be applied to those with convictions for crimes that would be made more serious by the involvement of a firearm. Beyond the crimes listed, the Court ruled that the extended sentencing mandated by the Act could not applied.
DUI does not fit in this list, according to the Court's decision. Because it doesn't involve a comparable level of forethought and purposeful action, it is not a "violent felony" crime, punishable under the provisions of the Armed Career Criminal Act, but rather a standard felony, punishable by the sentencing under New Mexico DUI law. To back their claims, the justices in the majority pointed out that if the definition were meant to include any felony perceived as violent, the law would not contain specific examples of applicable crimes.
