813.326 Felony
driving while under the influence of intoxicants; prior convictions. (1) In a prosecution for felony
driving while under the influence of intoxicants under ORS 813.010, the state
shall plead the prior convictions and shall prove the prior convictions unless
the defendant stipulates to that fact prior to trial. If the defendant so
stipulates and the trial is by jury:
(a) The court
shall accept the stipulation regardless of whether or not the state agrees to
it;
(b) The defendant’s
stipulation to the prior convictions constitutes a judicial admission to that
element of the accusatory instrument. The stipulation shall be made a part of
the record of the case, but shall not be offered or received in the presence of
the jury;
(c) For the
purpose of establishing the prior convictions solely as an element of the crime
under ORS 813.010, neither the court nor the state shall reveal to the jury the
prior convictions, but the prior convictions are established in the record by
the defendant’s stipulation; and
(d) The court
shall not submit the accusatory instrument or evidence of the prior convictions
to the jury.
(2) In a
proceeding under ORS 813.010, the state may offer, and the court may receive
and submit to the jury, evidence of the prior convictions for impeachment of
the defendant or another purpose, other than establishing the prior convictions
as an element of the offense, when the evidence of the prior convictions is
otherwise admissible for that purpose. When evidence of the prior convictions
has been admitted by the court, the state may comment upon, and the court may
give instructions about, the evidence of the prior convictions only to the
extent that the comments or instructions relate to the purpose for which the
evidence was admitted.
(3) When the
defendant stipulates to the prior convictions required as an element of felony
driving while under the influence of intoxicants under ORS 813.010, if the jury
finds the defendant guilty upon instruction regarding the balance of the
elements of the crime, the court shall enter a judgment of guilty of felony
driving while under the influence of intoxicants.
(4) As used in
this section, “conviction” includes a juvenile adjudication. [1999 c.1049 §5;
2009 c.525 §2]
Note: 813.326 was enacted into law by
the Legislative Assembly but was not added to or made a part of the Oregon
Vehicle Code or any chapter or series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
Notes of Decisions
Cited in
6
cases, 2003–2010 · leading case:
State v. Hess, 159 P.3d 309 (Or. 2007).
State v. Hess, 159 P.3d 309 (Or. 2007).
· cites it 8× “095(l)(c) (murder committed after previous conviction for murder or manslaughter in the first degree)); 11 ORS 813.326(1) (felony driving while under the influence of intoxicants).”
State v. Probst, 124 P.3d 1237 (Or. 2005).
· cites it 3× “For example, ORS 813.326 states that prior convictions are elements of the crime of felony DUII under ORS 813.”
State v. Molver, 225 P.3d 136 (Or. Ct. App. 2010).
· cites it 16× “Before trial, he demurred to the indictment on the ground that the state failed to comply with what he contends is a requirement of ORS 813.326 to identify by date and location the three prior convictions on which the state intended to rely.”
State v. Hambrick, 75 P.3d 462 (Or. Ct. App. 2003).
· cites it 6× “We also recognized in Garrett that the Oregon legislature has addressed the treatment of status elements in two other crimes, felony driving under the influence of intoxicants, see ORS 813.326(1), and aggravated murder, see ORS 163.”
State v. Probst, 85 P.3d 313 (Or. Ct. App. 2004).
· cites it 2× “We also have considered ORS 813.326, enacted as part of the same bill.”
State v. Garrett, 66 P.3d 554 (Or. Ct. App. 2003).
“, ORS 813.326(1) (in a prosecution for felony DUII under ORS 813.”
— Or. Rev. Stat. § 813.326(1) — 6 cases
State v. Hess, 159 P.3d 309 (Or. 2007).
“095(l)(c) (murder committed after previous conviction for murder or manslaughter in the first degree)); 11 ORS 813.326(1) (felony driving while under the influence of intoxicants).”
State v. Hambrick, 75 P.3d 462 (Or. Ct. App. 2003).
“We also recognized in Garrett that the Oregon legislature has addressed the treatment of status elements in two other crimes, felony driving under the influence of intoxicants, see ORS 813.326(1), and aggravated murder, see ORS 163.”
State v. Molver, 225 P.3d 136 (Or. Ct. App. 2010).
“Before trial, he demurred to the indictment on the ground that the state failed to comply with what he contends is a requirement of ORS 813.326 to identify by date and location the three prior convictions on which the state intended to rely.”
State v. Probst, 124 P.3d 1237 (Or. 2005).
“For example, ORS 813.326 states that prior convictions are elements of the crime of felony DUII under ORS 813.”
State v. Garrett, 66 P.3d 554 (Or. Ct. App. 2003).
“, ORS 813.326(1) (in a prosecution for felony DUII under ORS 813.”
— Or. Rev. Stat. § 813.326(l)(a) — 1 case
State v. Hess, 159 P.3d 309 (Or. 2007).
“095(l)(c) (murder committed after previous conviction for murder or manslaughter in the first degree)); 11 ORS 813.326(1) (felony driving while under the influence of intoxicants).”
— Or. Rev. Stat. § 813.326(l)(b) — 1 case
State v. Molver, 225 P.3d 136 (Or. Ct. App. 2010).
“Before trial, he demurred to the indictment on the ground that the state failed to comply with what he contends is a requirement of ORS 813.326 to identify by date and location the three prior convictions on which the state intended to rely.”
— Or. Rev. Stat. § 813.326(l)(c) — 1 case
State v. Hess, 159 P.3d 309 (Or. 2007).
“095(l)(c) (murder committed after previous conviction for murder or manslaughter in the first degree)); 11 ORS 813.326(1) (felony driving while under the influence of intoxicants).”
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.