State v. Rawleigh

ORS 813.215(1) and (2) 1 provide that a defendant is ineligible to participate in a diversion agreement following a charge of driving while under the influence of intoxicants (DUII) if, among other things, the defendant has a previous DUII conviction under ORS 813.010 or the “statutory counterpart” to ORS 813.010 in another jurisdiction within the last 10 years. In this case, defendant was charged with DUII, ORS 813.010. He petitioned for a diversion agreement, but the trial court determined that he was ineligible for diversion because of a prior conviction in the State of Washington under a…