813.011 Felony
driving under the influence of intoxicants; penalty. (1) Driving under the influence of
intoxicants under ORS 813.010 shall be a Class C felony if at least two times
in the 10 years prior to the date of the current offense the defendant has been
convicted of any of the following offenses in any combination:
(a) Driving under
the influence of intoxicants in violation of ORS 813.010, or its statutory
counterpart 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 an intoxicant, as defined in ORS 801.321, or a combination of
intoxicants.
(c) An offense in
another jurisdiction that involved driving or operating a vehicle, an aircraft
or a boat while having a blood alcohol content above that jurisdiction’s
permissible blood alcohol content.
(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; 2021 c.480 §2; 2023
c.498 §6]
Note: 813.011 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
Cited in
46
cases (
26 in the last 5 years), 2014–2025 · leading case:
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
· cites it 36× “010 that could raise the seriousness of their present driving under the influence of intox- icants offense under ORS 813.011. The Court of Appeals affirmed in both cases.”
State v. Werner, 424 P.3d 809 (Or. Ct. App. 2018).
· cites it 17× “*398 Defendant appeals a judgment convicting him of felony driving under the influence of intoxicants (DUII), ORS 813.011, as well as other crimes. Under ORS 813.”
State v. Heaton, 483 P.3d 1209 (Or. Ct. App. 2021).
· cites it 13× “For his drive to the fire station, the state charged defendant with a felony under ORS 813.011 for driving under the influence of intoxicants, having “been convicted of driv- ing under the influence of intoxicants * * * at least two times in the 10 years prior to the date of the…”
State v. Porter, 494 P.3d 988 (Or. Ct. App. 2021).
· cites it 2× “On appeal, he challenges the imposition of con- secutive sentences on Counts 1 and 2, arguing that under ORS 137.”
State v. Barden, 481 P.3d 359 (Or. Ct. App. 2021).
· cites it 2× “Lane County Circuit Court 17CR27975; A165592 481 P3d 359 Defendant appeals a judgment of conviction on counts of driving under the influence of intoxicants (DUII), ORS 813.011 (Count 1); reckless driving, ORS 811.”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018).
“690 and ORS 813.011, in State v. Mercer , 269 Or.”
State v. Urie, 341 P.3d 855 (Or. Ct. App. 2014).
· cites it 11× “We begin with ORS 813.011, which provides: “(1) Driving under the influence of intoxicants under ORS 813.”
State v. Ramirez, 493 P.3d 522 (Or. Ct. App. 2021).
· cites it 2× “Guzman, 366 Or 18 , 455 P3d 485 (2019), a case concerned with the “statutory counterpart” language of ORS 813.011. In rejecting an argument by the state that, when the vot- ers adopted ORS 813.”
State v. Swanson, 429 P.3d 732 (Or. Ct. App. 2018).
“*563 Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.011, reckless driving, ORS 811.140, and driving while suspended, ORS 811.”
State v. Chelemedos, 398 P.3d 415 (Or. Ct. App. 2017).
“Defendant appeals a judgment of conviction for felony driving under the influence of intoxicants (DUII), ORS 813.011, and driving while suspended (DWS), ORS 811.”
State v. Mercer, 344 P.3d 109 (Or. Ct. App. 2015).
· cites it 2× “3 Because defendant *137 already had two DUII convictions, the offense was treated as a Class C felony under section 3 of Measure 73, codified at ORS 813.011. Before trial, defendant objected to the application of Measure 73 to his case, arguing that the measure was invalid on…”
State v. Strickland, 335 P.3d 867 (Or. Ct. App. 2014).
· cites it 2× “Under ORS 813.011, that offense is a felony if the driver has at least two previous DUII convictions within 10 years of the current offense.”
— Or. Rev. Stat. § 813.011(1) — 12 cases
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
“010 that could raise the seriousness of their present driving under the influence of intox- icants offense under ORS 813.011. The Court of Appeals affirmed in both cases.”
State v. Werner, 424 P.3d 809 (Or. Ct. App. 2018).
“*398 Defendant appeals a judgment convicting him of felony driving under the influence of intoxicants (DUII), ORS 813.011, as well as other crimes. Under ORS 813.”
State v. Heaton, 483 P.3d 1209 (Or. Ct. App. 2021).
“For his drive to the fire station, the state charged defendant with a felony under ORS 813.011 for driving under the influence of intoxicants, having “been convicted of driv- ing under the influence of intoxicants * * * at least two times in the 10 years prior to the date of the…”
State v. Strickland, 335 P.3d 867 (Or. Ct. App. 2014).
“Under ORS 813.011, that offense is a felony if the driver has at least two previous DUII convictions within 10 years of the current offense.”
— Or. Rev. Stat. § 813.011(1)(a) — 1 case
— Or. Rev. Stat. § 813.011(1)(c) — 1 case
— Or. Rev. Stat. § 813.011(3) — 4 cases
State v. Urie, 341 P.3d 855 (Or. Ct. App. 2014).
“We begin with ORS 813.011, which provides: “(1) Driving under the influence of intoxicants under ORS 813.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.