State v. Clark

Defendant was convicted of driving while under the influence of intoxicants (ORS 487.540) after a jury trial in which the state offered in evidence the results of a "Breathalyzer” test which showed that defendant’s blood had an alcohol content of .13 percent. Both parties also offered testimony relating to the defendant’s observable symptoms of alcoholic impairment.

The jury, during the course of its deliberations, sent to the trial judge the following note:

"Even though the law states that .10 means a person is 'under the influence’, does this require a juror to go ahead and pronounce the…