In Lesson 1, we dicussed how the title that a state gives the version of it’s drunk driving law typically reflects it desire to communicate that one does not need to be “drunk” as the term is commonly used to be considered under the influence of intoxicating liquor. In Oregon, the Oregon State Bar has published a set of uniform jury instructions which are routinely used to explain the law to a jury prior to its deliberation. A series of these instructions assist the court in educating juries in Oregon driving under the influnce of intoxicant’s (DUII) cases. We will discuss in a later lesson how a prosecutor can prove someone is under the influence of alcohol in two difference ways. One of these ways, however, is by the person being noticeably affected by the alcohol he or she has consumed. This is set out in Oregon’s Uniform Criminal Jury Instruction (UCrJI) 2701. Here is it’s language:
“DEFINITION—UNDER THE INFLUENCE—
INTOXICATING LIQUOR
Oregon law provides that it is not unlawful for a person to drive a vehicle after having consumed intoxicating liquor. It is unlawful, however, for that person to drive a vehicle if the person is under the influence of intoxicating liquor.
In this case, you do not have to find that [defendant’s name] was drunk or intoxicated, as those terms are commonly understood. “Under the influence of intoxicating liquor” means that [defendant’s name]’s physical or mental faculties were adversely affected by the use of intoxicating liquor to a noticeable or perceptible degree.
“Under the influence of intoxicating liquor” includes not only the well-known and easily recognized conditions and degrees of intoxication, but also any abnormal mental or physical condition that results from consuming intoxicating liquor and that deprives the person of that clearness of intellect or control that the person would otherwise possess.”
So, as you can see, while Oregon does not have a “Zero Tolerance” DUII law, it is pretty close.