What is “under the influence?”
Oregon law defines “under the influence” as being impaired by an intoxicant.
What is “impairment?”
Impairment is being adversely affected to a noticeable or perceptible degree by the use of intoxicants.
What is an “intoxicant?”
For the purposes of Oregon DUI charges, an intoxicant can be intoxicating liquor (beer, wine, liquor, or anything else with alcohol), or any controlled substance.
Examples of Impairment in Oregon DUI Cases
The Oregon State Police have codified several acts, signs or symptoms of intoxicant impairment into the Oregon Administrative Rules (OARs).
OAR 257-025-0010: Acts, Signs, and Symptoms of Intoxicant Impairment
The following acts, signs or symptoms are, typically, present in circumstances of intoxicant impairment. They are not field sobriety tests. A police officer may testify to their presence at any proceeding, criminal or civil, resulting from a DUII (driving under the influence of intoxicants) arrest. These acts, signs and symptoms include, but are not limited to:
(1) Difficulty in walking or unusual walking.
(2) Difficulty standing.
(3) Difficulty following directions.
(4) Odor of alcoholic beverage on the breath
(5) Flushed or pale appearance.
(6) Speech difficulties or unusual speech patterns.
(7) Disorderly or unusual conduct or demeanor.
(8) Lack of muscular coordination or muscular tremors.
(9) Evidence of mental disturbance.
(10) Visual disorders or difficulties.
(11) Sleepiness or drowsiness.
(12) Dizziness.
(13) Nausea or vomiting.
(14) Mood swings.
(15) Difficultly with divided attention.
(16) Bloodshot and/or watery and/or glassy eyes.
The important thing to understand about Oregon DUI laws is that the government is not required to prove that a driver was “drunk” as the word is commonly understood. The government is only required to show that– at the time of driving– the driver was under the influence of intoxicating liquor, controlled substances, or a combination of both. The phrase “under the influence” is broadly defined as being “adversely affected to a noticeable or perceptible degree by the use of intoxicants.” In theory, this means that anyone who is negatively affected by alcohol or drugs in the slightest degree is “under the influence” and therefore unable to lawfully operate a vehicle. Because the signs of intoxication are often so subjective– open to wild interpretation depending on the investigating officer– it’s of critical importance that anyone charged with a DUI work with an attorney to vigorously analyze the government’s evidence in order to determine whether or not there was impairment by drugs or alcohol. Many drivers are inattentive, tired, sleepy, lost, unfamiliar with their surroundings, or distracted by electronics. While this may not be an excuse for poor driving, these can often be defenses to a false allegation if impairment specifically by intoxicants.