Former Cheyenne River Sioux chairman loses case

Friday, July 27, 2007  

Wayne Ducheneaux, a former chairman of the Cheyenne River Sioux Tribe, lost his challenge to the state's drunken driving law on Thursday.

Ducheneaux, 70, was arrested in 2006 for driving with a blood alcohol content of 0.08 or more. It was his second DUI offense in South Dakota.

Prosecutors, however, found another DUI offense in Colorado and sought stricter punishment. Under South Dakota law, drunken driving becomes a felony if a person is convicted more than two times within a 10-year period.

Ducheneaux said the Colorado offense shouldn't be counted in order to bring his charge down to a misdemeanor. But the South Dakota Supreme Court disagreed and said the Colorado incident would have counted had it occurred in South Dakota.

Ducheneaux now faces trial and could be sentenced for up to two years in prison if convicted.

Get the Story:
Tribal Official Faces Charges (AP 7/27)

Court Decision:
South Dakota v. Duchenaux (July 26, 2007)

$rl Cheyenne River Sioux Tribe - http://www.sioux.org