Hunter v. State of Oregon

Petitioner 1 pled guilty to and was convicted of driving under the influence of intoxicants in violation of a city ordinance, which, pursuant to former ORS 487.015, 2 proscribed exactly the same conduct and provided the same penalties as the state DUII statute, former ORS 487.540. He petitioned for post-conviction relief, alleging that he had entered his guilty plea without having been advised of certain constitutional and statutory rights. The petition was denied, and petitioner appeals.

Petitioner contends that ORS 138.510(1) is unconstitutional under Article I, section 20, of the Oregon…