State v. Heckler

In earlier cases, the Court has found that statutes that share a common function and many of the same characteristics may be considered statutory counterparts. State v. Donovan, 243 Or App 187, 256 P3d 196 (2011).

Defendant appealed a judgment of conviction for felony driving while under the influence of intoxicants (DUII), ORS 813.010, and reckless driving.  Defendant assigns error to the trial court holding that his two prior "driving while ability impaired" (DWAI), CRS section 42-4-1301, convictions in Colorado caused his DUII to become a felony.  Defendant argued that the Colorado conviction could not be a statutory counterpart to ORS 813.010 because the Oregon law was different in scope.  In earlier cases, the Court has found that statutes that share a common function and many of the same characteristics may be considered statutory counterparts. State v. Donovan, 243 Or App 187, 256 P3d 196 (2011).  The Court held that the CRS section 42-4-1301 and ORS 183.010 statutes were statutory counterparts because they shared the common function of comprising the general DUII statute of each respective jurisdiction and shared the same characteristic of prohibiting an individual from operating a motor vehicle while under the influence of alcohol or drugs.  Affirmed.