Oregon Revised Statutes

Or. Rev. Stat. § 813.012 (2026)

Crime classification for purposes of rules of Oregon Criminal Justice Commission

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      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 (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
Cited in 4 cases, 2003–2018 · leading case: State v. McCoin, 79 P.3d 342 (Or. Ct. App. 2003).
State v. McCoin, 79 P.3d 342 (Or. Ct. App. 2003). · cites it 15× “ORS 813.012 provides: “(1) The Oregon Criminal Justice Commission shall classify a violation of ORS 813.”
State v. Miller, 422 P.3d 327 (Or. Ct. App. 2018). “222(2)(a) any presumptive sentence that is obtained by application of crime-seriousness ranking specially prescribed by a statute" we would "make reviewable a large class of presumptive sentences that the legislature clearly has declared are not reviewable.”
State v. Johnston, 69 P.3d 1270 (Or. Ct. App. 2003). · cites it 2× “ORS 813.012(2) provides that, for purposes of calculating the sentence of a person convicted of felony DUII, every two prior convictions of misdemeanor DUII count as one conviction for a person felony.”
State v. Cervantes-Oropeza, 170 P.3d 1114 (Or. Ct. App. 2007). · cites it 2× “ORS 813.012 provides, in part: “(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:…”
Or. Rev. Stat. § 813.012(1): 1 case
State v. McCoin, 79 P.3d 342 (Or. Ct. App. 2003). “ORS 813.012 provides: “(1) The Oregon Criminal Justice Commission shall classify a violation of ORS 813.”
Or. Rev. Stat. § 813.012(2): 3 cases
State v. McCoin, 79 P.3d 342 (Or. Ct. App. 2003). “ORS 813.012 provides: “(1) The Oregon Criminal Justice Commission shall classify a violation of ORS 813.”
State v. Johnston, 69 P.3d 1270 (Or. Ct. App. 2003). “ORS 813.012(2) provides that, for purposes of calculating the sentence of a person convicted of felony DUII, every two prior convictions of misdemeanor DUII count as one conviction for a person felony.”
State v. Cervantes-Oropeza, 170 P.3d 1114 (Or. Ct. App. 2007). “ORS 813.012 provides, in part: “(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:…”
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