State v. Mersman

Defendant appeals a judgment of conviction for felony driving under the influence of initoxicants (DUII). ORS 813.010(5) provides that the offense of 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 whether defendant’s two prior convictions under an Alaska DUII statute qualify as prior convictions under the “statutory counterpart” to Oregon’s DUII statute. The trial court concluded…