Felony driving under the influence of intoxicants
- penalty
Source:
Section 813.011 — Felony driving under the influence of intoxicants; penalty, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html.
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)
Where defendant’s 2005 driving incident resulted in 2015 conviction under this section, inclusion of evidence of 2005 conviction was proper because date of conviction, not commission of offense, is relevant for determining whether there is predicate offense. State v. Werner, 292 Or App 397, 424 P3d 809 (2018), Sup Ct review denied
In determining whether foreign laws under which defendant is convicted are “statutory counterparts” to ORS 813.010, appropriate inquiry requires close element matching between ORS 813.010 and foreign offense. State v. Guzman, 366 Or 18, 455 P3d 485 (2019)
Two factor inquiry applies when determining whether there is close element matching between ORS 813.010 and foreign statute; first factor considers how additional breadth of foreign statute compares with overall scope of relevant Oregon statute, and second factor relates not to breadth of additional conduct proscribed by foreign statute but to nature of conduct. State v. Guzman, 366 Or 18, 455 P3d 485 (2019)
This section applied to defendant, who was operating bicycle in crosswalk while intoxicated, because vehicle code considers bicycle to be vehicle and this section provides that person commits offense of DUII if person operates vehicle while under influence of intoxicants. State v. Boekelheide, 305 Or App 239, 469 P3d 863 (2020)
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