State v. Roller

Defendant appeals a judgment of conviction for driving under the influence of intoxicants. ORS 813.010 (1997). He argues that the trial court erred in delivering an instruction informing the jury that, even if defendant’s blood alcohol content was less than .08 percent, it could find that he was under the influence of intoxicants if he was in a physical condition that made him more susceptible to the influence of intoxicants than he otherwise would have been. We agree with defendant that the trial court erred in delivering that instruction and therefore reverse and remand for a new trial.

The…