State v. Avila

284 Argued and submitted December 20, 2019, reversed and remanded March 16, 2022 STATE OF OREGON, Plaintiff-Respondent, v. JOSE ANTONIO AVILA, aka Antonio Avila, Defendant-Appellant. Umatilla County Circuit Court CR150856; A167346

507 P3d 704

This case involves the giving of what is known as the “Miles instruction,” which tells the jury in a DUII case that a defendant whose “physical condition” makes that defendant “more susceptible to the influence of intoxicants” and who becomes “under the influence by a lesser quantity of intoxicants than it would otherwise take,” is nevertheless under the…