State v. Avila

For a Miles instruction, the State is required to present evidence that a physical condition makes a defendant more susceptible to the influence of intoxicants. State v. Huck, 100 Or App 193, 197, 785 P2d 785 (1990).

Defendant appealed convictions of DUII and reckless driving.  Defendant assigned error to the trial court’s use of the “Miles instruction” when instructing the jury.  The Miles instruction informs “the jury in a DUII case that a defendant whose ‘physical condition’ makes that defendant ‘more susceptible to the influence of intoxicants’” is still under the influence even after ingesting a lesser amount of intoxicant than is usually required for intoxication.  On appeal, Defendant asserted that the trial court erred by giving the Miles instruction “in the context of a permanent physical condition,” because he suffered from muscular dystrophy.  In response, the State argued that “a genetic disease can support” a Miles instruction.  For a Miles instruction, the State is required to present evidence that a physical condition makes a defendant more susceptible to the influence of intoxicants.  State v. Huck, 100 Or App 193, 197, 785 P2d 785 (1990).  The Court held that the “physical impairment” for a Miles instruction “must be the result of the intoxication, not the result of a preexisting condition that is noticeable apart from the use of an intoxicant.”  The Court further held that the comparison should be between the change in mental or physical faculties caused by the alcohol, not the overall level of impairment including the physical impairment.  Reversed and remanded.