That's what I mean. If this were New York and he had a prior conviction for DWI (as opposed to DWAI), then a second DWI conviction within ten years of the first conviction is a felony.
When I was listening to the DA's office today I was struck by her saying that this was the usual punishment for someone who's convicted of DUI with a prescription drug. My point is, has he been convicted for drunk driving in DC? If so, it was an obious way around certain jail time.