2007 ORS 813.012¹
Crime classification for purposes of rules of Oregon Criminal Justice Commission

(1) The Oregon Criminal Justice Commission shall classify a violation of ORS 813.010 (Driving under the influence of intoxicants) that is a felony 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]

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


1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­813.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­813ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.