State v. Curtis

Defendant appeals a judgment of conviction for driving under the influence of intoxicants. ORS 813.010. His principal assignment of error is that the trial court should not have given an instruction permitting the jury to find that he was under the influence of intoxicants, even though he had ingested a relatively small quantity of alcohol, because he was more susceptible to the intoxicating effects of alcohol due to his physical condition. We agree that the court erred in giving that instruction and reverse and remand for a new trial.

The relevant facts are undisputed. A police officer…