OAR 213-004-0009: Prior ORS 813.010 (DUII) Convictions

In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle: (1) Every two prior convictions for misdemeanor driving while under the influence of intoxicants or comparable statutory offense or ordinance violation in the offender's criminal history shall be counted as one conviction of felony driving under the influence of intoxicants; and (2) Each felony conviction for driving while under the influence of intoxicants shall be counted as a person felony and each misdemeanor conviction for driving while under the influence of intoxicants shall be counted as a person Class A misdemeanor.