State v. Waldrup

Courts may give a Miles instruction - allowing a jury to find that a defendant was intoxicated by alcohol even if they were below the legal limit - if they were "in such a physical condition that [they were] more susceptible to the influence of intoxicants" and if there is evidence that the defendant ingested either medication or a controlled substance. State v. Avila, 318 Or App 284, 286 (2022).

Defendant was convicted of driving while intoxicated and made two assignments of error. First, Defendant argued that the trial court plainly erred when it gave the jury a Miles instruction. Second, Defendant argued that the trial court erred in failing to strike a statement made by the prosecutor during closing arguments. 

The State provided evidence that the Defendant had ingested controlled substances along with alcohol. The court therefore gave the jury a Miles instruction, allowing the jury to find that Defendant was intoxicated even if he was below the legal limit if he was “in such a physical condition that [he] was more susceptible to the influence of intoxicants[.]” State v. Miles, 8 Or App 189, 196-97, rev den (1972).

Defendant argued that a Miles instruction was only appropriate if the Defendant had ingested medication. The Court held that a Miles instruction may be given to the jury if a “physical condition” is caused by ingestion of medication or controlled substances. State v. Avila, 318 Or App 284, 286 (2022).

The Court rejected the second assignment of error because the Defendant failed to preserve that claim at trial. 

AFFIRMED.