State v. Stiles

Defendant appeals from his conviction for driving under the influence of intoxicants. ORS 813.010. He asserts, in part, that, because the accusatory instrument did not allege the use of controlled substances, the court erred in instructing the jury that he could be convicted of driving under the influence of a combination of marijuana and intoxicating liquor. We agree with defendant that the challenged instruction conflicted with ORS 813.010(2). Accordingly, we reverse and remand for a new trial.

On the evening of September 7, 1997, Portland Police Officer Bell stopped defendant for running a…