State v. Clark

*853GILLETTE, J.

Defendant appeals from his conviction, after a jury trial of driving while under the influence of intoxicants. We affirm.

Defendant makes two assignments of error, both of which relate to the court’s instructions to the jury.

First, defendant complains that the instructions twice mentioned that portion of ORS 487.5401 which forbids driving with a blood alcohol level of .10 percent or more, and thus unduly highlighted that portion of the law.

We find no error. In fact, the court’s instructions referred twice to all the elements of ORS 487.540— once to describe the statute under which…