Former Boise County Prosecutor Jolene Maloney will be arraigned in district court in August on a felony DUI charge.
Maloney waived her right to a preliminary hearing — when a judge decides if a case should proceed toward trial — Wednesday at the Ada County Courthouse.
She is now scheduled for an Aug. 10 arraignment before 4th District Court Judge Tim Hanson.
Maloney was charged with DUI during a traffic stop in Garden City April 8 and left her position as Boise County’s top prosecutor that month. In May, Boise County commissioners appointed Ross Pittman, another prosecutor in that office, to serve through the end of this year, finishing Maloney’s term.
Maloney has two misdemeanor DUI convictions, in 2012 and 2013, which makes the third charge an automatic felony under state law because it occurred within 10 years of the first.
Dan Norris, the district attorney in Malheur County, Ore., is the special prosecutor on the case.
The penalties for third DUI in 10 years are 30 days to five years in prison, up to a $5,000 fine, a license suspension for up to five years (mandatory one-year suspension after release with no driving privileges) and mandatory ignition interlock device.