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Oregon Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Oregon or Court of Appeals of Oregon where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Fisher v. Driver and Motor Vehicle Services Division - 12/14/2005
Argued and submitted September 9, 2005. Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges. Reversed and remanded with instructions to reinstate DMV's order suspending driving privileges. The Oregon...

State v. Forrester - 12/14/2005
Submitted on record and briefs May 23, 2005 Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge. Affirmed. Defendant appeals a judgment of conviction for driving while under the influence of...

State v. Parks - 12/7/2005
Argued and submitted November 3, 2005. Before Edmonds, Presiding Judge, and Linder and Wollheim, Judges. Affirmed. Defendant was convicted of two counts of driving under the influence of intoxicants (DUII). ORS...

State v. Norman - 12/7/2005
Argued and submitted September 30, 2005 Before Edmonds, Presiding Judge, and Linder and Wollheim, Judges. Affirmed. Defendant appeals a judgment of conviction for misdemeanor driving under the influence of intoxicants...

State v. Coen - 12/7/2005
Argued and submitted June 16, 2005 Before Haselton, Presiding Judge, and Ortega and Rosenblum, Judges. Reversed and remanded. Defendant appeals from a judgment of conviction for second-degree manslaughter, ORS...

State v. Ortiz - 11/23/2005
Argued and submitted July 28, 2005. Before Landau, Presiding Judge, and Schuman and Ortega, Judges. Reversed and remanded for entry of judgment of conviction for misdemeanor driving while under the influence of intoxicants...

Cibula v. Driver and Motor Vehicle Services Branch - 11/16/2005
Argued and submitted October 3, 2005 Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges. Reversed and remanded with instructions to reinstate DMV's order suspending driving privileges. The Oregon...

State v. Wise - 11/16/2005
Submitted on record and briefs September 30, 2005 Before Edmonds, Presiding Judge, and Linder and Wollheim, Judges. Sentences vacated; remanded for resentencing; otherwise affirmed. Defendant was convicted of driving...

State v. Porter - 11/16/2005
Argued and submitted June 30, 2005 Before Edmonds, Presiding Judge, and Linder and Schuman, Judges. Affirmed. Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010(1). To...

State v. Liechti - 11/16/2005
Argued and submitted June 2, 2005 Before Wollheim, Presiding Judge, and Edmonds and Schuman, Judges. Affirmed. Defendant pleaded guilty to driving under the influence of intoxicants (DUII), ORS 813.010(1). On appeal,...

State v. Tiffin - 10/12/2005
Argued and submitted January 19, 2005. Before Wollheim, Presiding Judge, and Brewer, Chief Judge, and Deits, Judge pro tempore. Reversed and remanded. Defendant appeals from a judgment of conviction for driving under...

Goddard v. Farmers Insurance Co. of Oregon - 10/12/2005
Argued and submitted April 18, 2005. Before Haselton, Presiding Judge, and Ortega, Judge, and Deits, Judge pro tempore. On appeal, judgment vacated and remanded with instructions to grant defendant's motion for new trial,...

State v. Hirsch - 6/23/2005
Argued and submitted May 6, 2003. Before Carson, Chief Justice, and Gillette, Durham, Riggs, De Muniz, and Balmer, Justices. The decisions of the Court of Appeals and the judgments of the circuit court are affirmed. ...

State v. Page - 6/1/2005
Argued and submitted November 30, 2004. Before Landau, Presiding Judge, and Armstrong, Judge, and Deits, Judge pro tempore. Affirmed. Defendant appeals a judgment of conviction for misdemeanor driving under the...

State v. Warner - 6/1/2005
Argued and submitted on November 30, 2004. Before Landau, Presiding Judge, and Armstrong, Judge, and Deits, Judge pro tempore. Reversed and remanded. The state appeals from an order dismissing two counts of a...

Jones v. Employment Dep't - 5/18/2005
Argued and submitted April 11, 2005. Before Landau, Presiding Judge, and Brewer, Chief Judge, and Rasmussen, Judge pro tempore. Reversed and remanded for reconsideration. Claimant seeks review of an order of the...

State v. William - 4/20/2005
Argued and submitted September 8, 2004. Affirmed. Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII). ORS 813.010. His sole contention on appeal is that the trial court erred in...

State v. Rumler - 4/13/2005
Argued and submitted March 3, 2005. Affirmed. The state appeals from an order suppressing, inter alia, the results of an Intoxilyzer test in a prosecution for driving under the influence of intoxicants (DUII). ORS 813.010....

City of Eugene v. Silva - 3/2/2005
Argued and submitted June 16, 2004. Reversed and remanded with instructions to permit defendant to withdraw his plea, ORS 135.335(3). Defendant appeals his conviction for driving under the influence of intoxicants (DUII)....

State v. Gutierrez - 2/16/2005
Argued and submitted November 30, 2004. Affirmed. A jury convicted defendant of felony fleeing or attempting to elude a police officer. ORS 811.540(1)(b)(A). At sentencing, the trial court ordered defendant to pay...

State v. Davis - 2/2/2005
Argued and submitted December 13, 2004. Reversed and remanded. The state appeals an order dismissing a four-count indictment charging defendant with one count of third-degree assault, ORS 163.165, two counts of misdemeanor...

State v. Anderson - 1/26/2005
Argued and submitted September 30, 2004. Appeal dismissed. Defendant appeals from a judgment sentencing her to 70 months of imprisonment after she pleaded guilty to second-degree robbery, a so-called "Measure 11" crime,...

State v. Miles - 1/12/2005
Argued and submitted January 29, 2004. Affirmed. Defendant appeals a judgment convicting him of manufacturing a controlled substance, marijuana, contending that the trial court erred in barring him from asserting the...

State v. Sterling - 12/15/2004
Argued and submitted September 14, 2004. Affirmed. Defendant was convicted of driving under the influence of intoxicants. ORS 813.010(4). On appeal, his sole contention is that the trial court should have granted his motion...

Wahlgren v. Dep't of Transportation - 12/8/2004
In this implied consent case, the state appeals a judgment that set aside an order of the Department of Transportation, Driver and Motor Vehicle Services Branch (DMV) affirming the suspension of petitioner's driving privileges for refusing...

State v. Boggs - 12/8/2004
Defendant appeals a judgment of conviction for driving under the influence of intoxicants, assigning error to the denial of his motion to dismiss on statutory speedy trial grounds. ORS 135.747. According to defendant, in light of our...

State v. Hardman - 12/8/2004
Defendant was charged with manslaughter in the first degree, ORS 163.118, arising out of an alcohol-related vehicle accident.*fn1 Before trial, defendant moved to exclude evidence of his involvement in a previous alcohol-related accident...

State v. Toste - 10/27/2004
In this criminal appeal, defendant challenges on double jeopardy grounds his conviction for driving under the influence of intoxicants (DUII). We affirm. The relevant facts are few and undisputed. Defendant was stopped while...

Petteys v. Driver and Mortor Vehicle Services Branch - 10/13/2004
The Driver and Motor Vehicle Services Division*fn1 (DMV) appeals from a trial court judgment that set aside DMV's order suspending petitioner's driving privileges. It assigns error to the trial court's determination that there was not...

State v. Bierstock - 10/6/2004
Defendant appeals, challenging the denial of her motion pursuant to ORS 137.225 to set aside her 1980 conviction for misdemeanor assault in the fourth degree. ORS 163.160.*fn1 She contends that the trial court erred in determining that she...

Freeman v. Employment Dep't - 9/29/2004
Claimant seeks review of an order of the Employment Appeals Board (EAB) denying him unemployment compensation benefits. Claimant's driving privileges were suspended after he was arrested for driving under the influence of intoxicants...

State v. Snyder - 9/23/2004
This case presents two issues for review. The first is whether the state may petition this court for review of a decision of the Court of Appeals when the state obtained the disposition that it sought in that court, but challenges one of...

State v. McKenzie - 9/15/2004
The state appeals from an order suppressing evidence that it sought to introduce in a prosecution of defendant for felony driving under the influence of intoxicants (DUII). ORS 813.010(5). The evidence that the trial court suppressed...

State v. Haney - 9/15/2004
Defendant appeals his misdemeanor conviction for driving under the influence of intoxicants (DUII). He assigns error to the denial of his motion to suppress evidence obtained by the state through a warrantless search of his car. After a...

Lyons v. Walsh & Sons Trucking Co., Ltd - 9/10/2004
This personal injury case arose out of a fatal automobile collision between a truck belonging to defendant Walsh & Sons Trucking (Walsh) and an Oregon State Police (OSP) vehicle. Plaintiffs are the parents and copersonal representatives of...

State v. Vantress - 9/1/2004
Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, reckless driving, ORS 811.140, and two counts of recklessly endangering another person, ORS 163.195. The state appeals an order granting defendant's...

State v. Thackaberry - 8/11/2004
Defendant appeals his conviction for driving under the influence of intoxicants (DUII). See ORS 813.010. In his original brief to this court, he assigned error to the trial court's refusal to give a proposed jury instruction. After the...

State v. Aman - 8/4/2004
Defendant appeals his conviction for misdemeanor driving under the influence of controlled substances (DUII-CS). ORS 813.010.*fn2 His appeal presents the question whether the results of an incompletely administered 12-step Drug Recognition...

State v. Chavarria - 6/23/2004
Argued and submitted November 25, 2003. Reversed and remanded with instructions to dismiss complaint. Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He assigns error to...

State v. Shantie - 6/16/2004
Argued and submitted March 18, 2004. Reversed and remanded. The state appeals an order suppressing evidence of defendant's blood alcohol content, which was obtained by a blood test performed pursuant to a warrant. The trial...

State v. McCoin - 6/9/2004
Argued and submitted November 25, 2003. Affirmed. In this consolidated appeal, defendant challenges the sufficiency of the evidence on two convictions for second-degree failure to appear. In both cases, he failed to appear...

State v. Adams - 5/12/2004
Argued and submitted March 8, 2004. Affirmed. The trial court granted defendant's motion to dismiss a charge of driving under the influence of intoxicants (DUII), concluding that the state had not complied with the...

State v. Bess - 4/28/2004
Argued and submitted March 30, 2004. Sentence vacated and remanded with instructions to inquire into defendant's complaints regarding his attorney, appointing new counsel for the hearing if defendant so requests. If the trial...

State v. Davids - 4/28/2004
Argued and submitted June 30, 2003. Reversed and remanded with instructions to dismiss the complaint. Defendant appeals from convictions of driving under the influence of intoxicants (DUII), ORS 813.010, and driving while...

State v. Gibbs - 4/28/2004
Argued and submitted March 30, 2004. Reversed and remanded for a new trial. Defendant appeals his conviction for Driving Under the Influence of Intoxicants, ORS 813.010(1). His defense at trial was that he had previously...

State v. Barrett - 4/14/2004
Submitted on record and briefs March 5, 2004. Reversed and remanded with instructions to grant defendant's motion for dismissal based on violation of her statutory speedy trial right. Defendant appeals from her conviction...

Cole v. Driver and Motor Vehicle Services Branch - 4/8/2004
Argued and submitted September 9, 2003. In Cole, the decision of the Court of Appeals and the judgment of the circuit court are affirmed, and the case is remanded to DMV for further proceedings. In Dinsmore, the decision of the...

State v. Morrow - 3/10/2004
Argued and submitted January 29, 2004. Affirmed. Defendant, who was convicted following a bench trial of driving under the influence of intoxicants (DUII), ORS 813.010, appeals, asserting that he did not voluntarily and...

State v. Probst - 2/25/2004
Argued and submitted November 25, 2003. Reversed and remanded with instructions to enter judgment of conviction for misdemeanor DUII. Defendant appeals her conviction for felony driving under the influence of intoxicants...

State v. Gill - 2/18/2004
Argued and submitted September 30, 2003. Affirmed. Defendant appeals convictions for driving under the influence of intoxicants (DUII), driving while suspended (DWS), giving false information to a police officer, and...

MacDonald v. Driver and Motor Vehicle Services Division - 12/10/2003
Argued and submitted November 3, 2003. Reversed; DMV order suspending driving privileges reinstated. In this implied-consent case, the Driver and Motor Vehicle Services Division (DMV) appeals a judgment that modified an...

Robinson v. Driver and Motor Vehicle Services Div. - 11/26/2003
Argued and submitted October 21, 2003, South Medford High School, Medford. Reversed; DMV order suspending driving privileges reinstated. The state appeals a judgment of the circuit court setting aside a final order of the...

State v. McCoin - 11/13/2003
Argued and submitted August 27, 2003. Affirmed. Defendant was arrested for driving under the influence of intoxicants (DUII). Because he had been convicted of misdemeanor DUII on six previous occasions, he was charged with...

State v. Kappel - 11/13/2003
Argued and submitted July 17, 2003. Reversed and remanded. In this criminal appeal, the state challenges the trial court's order suppressing evidence obtained after defendant was arrested for driving while under the...

State v. Muzzy - 10/29/2003
Argued and submitted April 30, 2003. Defendant appeals from his convictions for attempted first-degree sexual abuse and endangering the welfare of a minor. ORS 163.427; ORS 163.575. Defendant's principal contention on appeal is...

State v. Edwards - 10/22/2003
Submitted on record and briefs September 5, 2003. Reversed and remanded for new trial. Defendant appeals a judgment of conviction on one count of misdemeanor driving under the influence of intoxicants. ORS 813.010. She...

Lawson v. Hoke - 10/15/2003
Argued and submitted June 23, 2003. Judgment awarding non-economic damages reversed; otherwise affirmed. Defendant appeals a judgment awarding plaintiff non-economic damages in a negligence action arising from an automobile...

In re Complaint as to the Conduct of McDonough - 10/2/2003
Argued and submitted May 5, 2003. The accused is suspended from the practice of law for a period of 18 months, effective 60 days from the filing of this decision. PER CURIAM In this lawyer disciplinary proceeding, the...

State v. Melton - 9/10/2003
Argued and submitted September 25, 2002. Affirmed. Following entry of a guilty plea, defendant was convicted and sentenced in May 1998 for assault in the second degree, an offense for which ORS 137.700 (Ballot Measure 11...

State v. Hambrick - 8/20/2003
Argued and submitted January 29, 2003. Reversed and remanded. Edmonds, P. J., concurring. Schuman, J., dissenting. Defendant was charged by indictment with two counts of fourth-degree assault, ORS 163.160. Each...

State v. Bond - 8/13/2003
Argued and submitted April 30, 2003. Reversed and remanded. In this state's appeal, the state challenges the trial court's pretrial order suppressing evidence derived from what the trial court held to be an unlawful stop....

State v. McClellan - 8/13/2003
Argued and submitted June 19, 2003. Reversed and remanded for a new trial. Defendant appeals from a judgment of conviction for driving under the influence of intoxicants. On appeal, he argues that the trial court erred in...

State v. Barletta - 6/12/2003
Argued and submitted February 27, 2003. Reversed and remanded for new trial. Defendant appeals her conviction for Driving Under the Influence of Intoxicants DUII, ORS 813.010, assigning error to the trial court's denial of...

Cunningham v. Thompson - 6/12/2003
Reconsideration allowed; opinion modified and adhered to as modified. Petitioner seeks reconsideration of our decision affirming the post-conviction court's denial of his petition for post-conviction relief. Cunningham v....

State v. Johnston - 6/5/2003
Argued and submitted November 19, 2002. Affirmed. Defendant was convicted of misdemeanor driving under the influence of intoxicants DUII six times between 1981 and February 17, 2000. This case is the state's appeal from the...

State v. Snyder - 5/15/2003
Argued and submitted February 28, 2003. Affirmed. Defendant appeals his conviction for driving under the influence of intoxicants DUII. ORS 813.010. He assigns error to the trial court's admission of documentary and...

State v. Clew - 4/24/2003
Submitted on record and briefs October 17, 2002. Affirmed. Defendant appeals a judgment of conviction for distribution of a controlled substance. ORS 475.992 1. He contends that the trial court erred in denying his motion...

State v. Sims - 4/3/2003
Argued and submitted January 10, 2003. The decision of the Court of Appeals is reversed. The judgment of the circuit court is affirmed. The issue in this felony Driving While Revoked (DWR) case is whether defendant can...

State v. Thomas - 4/3/2003
Argued and submitted February 28, 2003. Sentence on conviction for felony hit-and-run reversed; case remanded for resentencing; otherwise affirmed. Defendant was convicted of third-degree assault, felony hit-and-run,...

State v. Rodvelt - 4/3/2003
Argued and submitted December 23, 2002. Reversed and remanded for entry of judgment merging two convictions for fourth-degree assault into two convictions for first-degree criminal mistreatment and for resentencing; otherwise...

State v. Durbin - 2/13/2003
Argued and submitted March 1, 2002. The decision of the Court of Appeals and the judgment of the circuit court are reversed, and the case is remanded to the circuit court for further proceedings. Defendant was charged with...

State v. Fleetwood - 2/12/2003
Argued and submitted October 31, 2002. Reversed and remanded for trial. The state appeals from the trial court's order dismissing with prejudice an indictment that charged defendant with distribution of a controlled...

State v. Nunnemaker - 2/5/2003
Argued and submitted July 3, 2002. Reversed and remanded. The state appeals from a pretrial order that dismissed a charge against defendant of driving while under the influence of intoxicants DUII, ORS 813.010. The state...

State v. Burgholzer - 12/11/2002
Argued and submitted December 21, 2001. The state appeals from an order suppressing evidence of methamphetamine found by a police officer during the course of a traffic stop. The state contends that the trial court erred because...

State v. Schaff - 11/13/2002
Argued and submitted July 31, 2001. Reversed and remanded. Defendant was charged with driving under the influence of intoxicants DUII , ORS 813.010, and possession of less than an ounce of marijuana, ORS 475.992. The trial...

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