- New Proposed Oregon Law Would Make it So -
By Jennifer Robins, DUI Defense Attorney
Proposed House Bill 2115 could make drastic changes to
Oregon DUII law. Currently, you can be
charged with a DUII if you are under the influence of alcohol, inhalants (think
huffing spray paint)
or a controlled substance.
A controlled substance is any drug listed in the Federal Government’s Schedule
of Controlled Substances (which can be found at http://www.deadiversion.usdoj.gov/schedules/orangebook/orangebook.pdf). In very general terms, a controlled substance
is any street drug or certain prescription drugs, such as morphine or oxycodone,
etc.
The new House Bill would also make it a crime to drive under the influence of “any other drug,” as defined by statute. The statute is Oregon Revised Statute 475.005(13), but basically means any drug you take, even over the counter or homeopathic remedies, that adversely affects a person’s mental or physical faculties to a noticeable and perceptible degree. I frequently take over the counter allergy medication and it can make me feel “loopy”, and this law would allow arrest and prosecution if police think I am driving under the influence of allergy medication!
The proposed law does allow a defense to a DUII charged under this provision if the defendant can prove that they lawfully obtained and used the drug, they used the drug in the prescribed dosage and followed all warnings from the manufacturer or pharmacist or physician, and that they experienced a reaction they could not have reasonably anticipated. This defense would not be allowed if the “drug” was taken in conjunction with alcohol, and inhalant or a controlled substance.
DUII law in Oregon changes frequently, and proposed House Bill 2115 would open a whole new can of worms. If you or someone you know is facing a DUII, it is important to speak with an experienced Oregon DUII attorney as soon as possible.
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