My question involves criminal law for the state of: Oregon
Oregon DUI question. ORS 813-010 seems to conflict with 813-011 on what generates a Class C felony. Is it a Class C felony if there are just 2 priors in 10 years re 813-011 or does it become a Class C felony upon the 4th dui - 3 priors and the current one within the 10 year timeframe re:813-010. I have the text of the ORS as follows. Thank you for your help in clarifying this:
813-010 says: (a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:
(A) Driving while under the influence of intoxicants in violation of:
(i) This section; or
(ii) The statutory counterpart to this section in another jurisdiction.
(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.
(C) A driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdictions permissible blood alcohol content.
(b) For the purposes of paragraph (a) of this subsection, a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction or adjudication.
813-011 says 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.
Oregon DUI question. ORS 813-010 seems to conflict with 813-011 on what generates a Class C felony. Is it a Class C felony if there are just 2 priors in 10 years re 813-011 or does it become a Class C felony upon the 4th dui - 3 priors and the current one within the 10 year timeframe re:813-010. I have the text of the ORS as follows. Thank you for your help in clarifying this:
813-010 says: (a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:
(A) Driving while under the influence of intoxicants in violation of:
(i) This section; or
(ii) The statutory counterpart to this section in another jurisdiction.
(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.
(C) A driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdictions permissible blood alcohol content.
(b) For the purposes of paragraph (a) of this subsection, a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction or adjudication.
813-011 says 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.
Drunk and Impaired Driving: Conflicting Wording in Oregon Duii Statutes
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