State v. Rich

Defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.010(5), after a jury trial.1 At trial, the court gave Uniform Criminal Jury Instruction 2708 (the Miles instruction), which informs the jury that a defendant whose physical condition makes that defendant more susceptible to the influence of alcohol than he or she would otherwise be is nevertheless under the influence of intoxicants. See State v. Miles, 8 Or App 189, 492 P2d 497 (1972). Although defendant objected to the giving of the Miles instruction, the court reasoned that the instruction was justified…