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The elements of the crime of DWAI do not require the proof of prior convictions, so the prosecutor doesn't carry any burden of proving that issue in the case in chief. Once the conviction of DWAI is entered, then there is a sentencing recommendation and report based on the defendant's criminal record. This is a matter for judicial notice, not something the prosecution has to prove. If the defense attorney challenges the accuracy of the criminal record presented at sentencing, then that would be when the State would have to provide a transcript and proof of the prior conviction. The judge would then decide whether the conviction presented as a prior for purposes of sentencing qualifies. If so, then they use that to sentence the defendant based on a DWAI with a prior conviction.
So, again, the prior conviction is not part of the elements of the DWAI crime and are not addressed in the case in chief prior to conviction of the DWAI. The prior only goes to sentencing.
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