ORS 813.010 is the primary statute that most people are cited under for a DUII in Oregon. You may have seen “ORS 813.010” written by the police officer on your citation. The statute states in part:
A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:
- Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;
- Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or
- Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.
The complexities of this simple statute are not obvious. For example: most people do not realize that prescription medications, even when properly used as directed by a doctor, can violate this law. If the prescription drug is a controlled substance, and many are, use of the medication while driving can constitute DUI.
Often, the only indication a person has that they may be placing themselves in jeopardy of getting a DUI is the standard warning label to use care when operating a car or dangerous machinery. Most people assume that they are using care if they do not exceed the doctor’s directions. However, the law is clear. If you are driving while under the influence, in this case, of a controlled substance, even prescribed by a doctor, then you may be DUI. It does not matter, whether or not you followed the doctor’s orders.