State v. Kellar

In 1983, the legislature moved the prohibition against driving under the influence of intoxicants (DUII) from former ORS 487.540 to ORS 813.010. Later, the legislature provided for permanent revocation 2 of a person’s driver’s license when, among other things, the person has been convicted for a third time of DUII “in violation of * * * ORS 813.010” or the law of another state. See ORS 809.235. The question that this case presents is whether a conviction for DUII in violation of former ORS 487.540 can serve as a predicate conviction for the permanent revocation of a person’s driver’s license.…