430 P.3d 224
Or. Ct. App.2018Background
- Defendant previously convicted twice in Colorado of "driving while ability impaired" (DWAI) under CRS § 42-4-1301(1)(b) (2006, 2010).
- Defendant later charged in Oregon with DUII under ORS 813.010; prosecution sought felony treatment based on two prior out-of-state DUII-related convictions within 10 years per ORS 813.011(1).
- Defendant moved to exclude the Colorado convictions, arguing CRS § 42-4-1301(1)(b) is not a statutory counterpart to ORS 813.010.
- Trial court denied the motion; defendant entered a conditional guilty plea to DUII (treated as a felony) and reckless driving.
- On appeal, the sole legal question is whether Colorado’s DWAI statute is a statutory counterpart to Oregon’s DUII statute, such that the prior Colorado convictions qualify to enhance the Oregon offense to a felony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CRS § 42-4-1301(1)(b) is a statutory counterpart to ORS 813.010 | The State argued Colorado’s DWAI is part of Colorado’s general DWI/DUI scheme and serves the same role as ORS 813.010 | Defendant argued the Colorado provision defines a separate, lesser-included offense and thus is not the statutory counterpart to ORS 813.010 | Court held CRS § 42-4-1301(1)(b) is a statutory counterpart to ORS 813.010; trial court did not err. |
Key Cases Cited
- State v. Donovan, 243 Or. App. 187 (Or. Ct. App.) (statutes are counterparts if they have the same use, role, or characteristics)
- State v. Mersman, 216 Or. App. 194 (Or. Ct. App.) (counterpart analysis allows broader statutes so long as same function/role)
- State v. Rawleigh, 222 Or. App. 121 (Or. Ct. App.) (general DUI statutes in different jurisdictions can be counterparts despite substantive differences)