State v. Meyers

"A statute is not vague simply because the state can choose to prosecute a person under different statutes with different penalties." United States v. Batchelder, 442 US 114, 123-26, (1979).

Defendant appealed from a conviction for driving under the influence of intoxicants (DUII). Defendant argued that there were two different applicable statutes with two different guidelines, making the statutes “unconstitutionally vague” in violation of Article I, section 20 of the Oregon State Constitution or in violation of procedural due process. Defendant alleged unequal treatment when the prosecution charged him under a statute that defined his conduct as a felony rather than charging him under another statute that defined his conduct as a misdemeanor. “A statute is not vague simply because the state can choose to prosecute a person under different statutes with different penalties.” United States v.  Batchelder, 442 US 114, 123-26 (1979). The Court held that a statue is vague when there is discretion to decide what conduct is prohibited by the statute, not if there is discretion to prosecute under different statutes. Affirmed.