State v. Ortiz

ORS 813.010(5) provides that the offense of driving while under the influence of intoxicants (DUII) is a felony “if the defendant has been convicted of driving while under the influence of intoxicants in violation of this section or its statutory counterpart in another jurisdiction” at least three times in the preceding 10 years. At issue in this case is the meaning of the term “statutory counterpart.” More specifically, it is whether a prior conviction under an Idaho “zero tolerance” statute qualifies as a prior conviction under the “statutory counterpart” to Oregon’s DUII statute. The trial…