Driving Under the Influence of Intoxicants

ORS 813.012
Crime classification for purposes of rules of Oregon Criminal Justice Commission


(1)

The Oregon Criminal Justice Commission shall classify felony driving while under the influence of intoxicants that is committed under the circumstances described in ORS 813.010 (Driving under the influence of intoxicants) (5) as crime category 6 of the rules of the Oregon Criminal Justice Commission.

(2)

In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle, the commission shall:

(a)

Consider two prior convictions of misdemeanor driving while under the influence of intoxicants to be equivalent to one conviction of felony driving while under the influence of intoxicants; and

(b)

Consider felony driving while under the influence of intoxicants to be a person felony and consider misdemeanor driving while under the influence of intoxicants to be a person Class A misdemeanor. [1999 c.1049 §3; 2011 c.598 §1]

Notes of Decisions

Use of prior convictions to elevate current offense to felony and to enhance defendant's criminal history score does not constitute imposition of additional punishment for past offenses. State v. McCoin, 190 Or App 532, 79 P3d 342 (2003), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021