State v. Berning

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII) (Count 1), ORS 813.010; reckless driving (Count 2), ORS 811.140; and two counts of criminal mischief in the second degree (Counts 7 and 8), ORS 164.354. At trial, the state presented evidence that defendant took pain medication on the day of his arrest, but the state failed to identify that medication or offer evidence that the medication made defendant more susceptible to the effects of alcohol. Over defendant’s objection, the trial court gave the jury an instruction based on State v. Miles, 8 Or…