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STATE v. MILLER

DC 880117M; CA A48812; SC S36077.

788 P.2d 974 (1990)

309 Or. 362

STATE of Oregon, Respondent On Review, v. Les Lee MILLER, Petitioner On Review.

Supreme Court of Oregon.

Decided March 6, 1990.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, for petitioner on review. With him on the petition was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, for respondent on review. With him on the response to the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

JONES, Justice.

The issue is whether a defendant may be convicted of violating ORS 813.010 without proof of a culpable mental state as to the element of being under the influence of an intoxicant. We hold that being under the influence of an intoxicant is a strict liability element and, therefore, affirm the decision of the Court of Appeals.

On January 16, 1988, an Oregon State Police officer arrested defendant for Driving Under the Influence of Intoxicants...

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