DUI Cases Not Limited to 'Drunk Driving'

It's legal to drink and drive in Oregon.

And, there is no law against using a controlled substance and driving. There is no law that prohibits driving while feeling the effects of alcohol or a controlled substance.

However, there is a law against driving while a person is “under the influence” of alcohol, an inhalant or a controlled substance.

The "typical" DUI case is no longer limited to "drunk driving." The police are arresting more drivers for operating a vehicle while allegedly "under the influence" of any number of prescription medications. (A person is presumed to be “under the influence of intoxicating liquor” if a chemical test shows a blood alcohol concentration (BAC) of .08 percent or higher.)

However, police often arrest drivers who have a BAC that is lower – sometimes much lower – than that. The police and the prosecutor may try to convict a driver with less than .08 BAC by alleging that the person was “impaired,” or otherwise was “adversely affected to a noticeable or perceptible degree” by “intoxicating liquor,” an inhalant, a controlled substance, or any combination of these substances.