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ORS 813.328

Applied in 5 court decisions — leading case State v. Probst (2005)

Most recently applied in State v. Hamann (July 2018)

1999 c.1049 §4; 2009 c.525 §3

How often courts cite this section

20042010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A defendant who challenges the validity of prior convictions alleged by the state as an element of felony driving while under the influence of intoxicants must give notice of the intent to challenge the validity of the prior convictions at least seven days prior to the first date set for trial on the felony charge. The validity of the prior convictions shall be determined prior to trial by the court.

(2) As used in this section, “conviction” includes a juvenile adjudication.

(For Conviction)

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.