(AP) — The Nebraska Supreme Court has upheld the felony conviction of a Lincoln man who argued he should have been charged with a misdemeanor after being caught driving without a court-ordered ignition interlock device.

Joshua Leibel was convicted last year for driving with a revoked license from a May 2011 third-offence drunken driving conviction. The DUI conviction allowed him to drive as long as his car was equipped with an ignition interlock device that keeps the engine from starting if the driver has been drinking.

But when Leibel was stopped in October 2011, he had no such device on his car.

Leibel argued that he should have been charged with a misdemeanor count of driving without an ignition interlock device, but the state’s high court disagreed Friday.