Oregon DUII conflicting laws

[mumzi]

Jurisdiction

Oregon

Oregon DUI question. ORS 813-010 seems to conflict with 813-011. 813-010 says (a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination. 813-011 says 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. So is it a Class C felony if there are just 2 priors in 10 years (re 813-011) or does it become a Class C felony upon the 4th dui - 3 priors and the current one within the 10 year timeframe (re:813-010)

 

[Highwayman]

Why don't you tell us why you care?

 

[mumzi]

Because I want to know what the actual switch is from misdemeanor to felony and the two ORS sections seem to conflict.

 

[army judge]

Because I want to know what the actual switch is from misdemeanor to felony and the two ORS sections seem to conflict.

If you read the statute, the wording is very clear.

All of the50 states have similar legislation.

That is to say, if a person serially drives a motor vehicle in an intoxicated condition, gets convicted of the same offense three or four times; he or she will face felony charges.

In Texas, people can get decades long sentences in prison.

A lawyer friend of mine recently defended a man who had amassed 12 DUI convictions over the last 20 years. His client had even served felony time for such a conviction. The most recent conviction landed the guy a 30 year sentence, and deportation if he lives long enough. The guy is 49 years old.

I think the penalty is harsh, but the Supreme Court has yet to agree with my feeling.

One of our sons was a victimized by a drunken driver. Our son's life destroyer had three drunk driving convictions, no insurance, and was an illegal alien of Communist Chinese origin. He got a ten year sentence. Our son, received a ten year coma, ten years of paralysis, and death in 2011. His two daughters graduated college, and one gets married Saturday and her dad won't be around to walk her down the aisle. It'll be my honor, but I damn sure wish our son was here to do it!

I, however, do offer a very easy, cheap, effective way to avoid a drunk driving conviction.

Don't consume alcoholic beverages, illegal drugs, or any other intoxicant and drive a lawnmower, a bicycle, any motor vehicle, ride a horse, or steer any other transport related vehicle on the public highways and byways.

Simple, isn't it?