Driving Under the Influence of Intoxicants

ORS 813.011
Felony driving under the influence of intoxicants

  • penalty


(1)

Driving under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) shall be a Class C felony if the defendant has been convicted of driving under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in another jurisdiction, at least two times in the 10 years prior to the date of the current offense.

(2)

Once a person has been sentenced for a Class C felony under this section, the 10-year time limitation is eliminated and any subsequent episode of driving under the influence of intoxicants shall be a Class C felony regardless of the amount of time which intervenes.

(3)

Upon conviction for a Class C felony under this section, the person shall be sentenced to a mandatory minimum term of incarceration of 90 days, without reduction for any reason. [2011 c.1 §3; 2011 c.598 §2]
Note: 813.011 (Felony driving under the influence of intoxicants) was enacted into law but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Sentencing court is not permitted to suspend execution of, or reduce in any way, mandatory minimum 90-day term of incarceration prescribed under this section. State v. Urie, 268 Or App 362, 341 P3d 855 (2014)


Source

Last accessed
Jun. 26, 2021