2015 ORS 813.011¹
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)


1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.