DUI

Driving Under the Influence

To prove driving under the influence, the state must prove these elements beyond a reasonable doubt:

The act occurred on or about the alleged date. This means that the alleged offense must have taken place on or around the date specified in the charge.
The defendant drove a vehicle on premises open to the public. This element requires that the defendant was operating a motor vehicle in a location that is open to the public. This can include public roads, parking lots, or any other place accessible to the general public.

Any combination of these substances: The defendant can be under the influence of a controlled substance, an inhalant, intoxicating liquor, or any combination of these substances.

To secure a conviction for driving while under the influence of intoxicants, the state must provide evidence that supports all three of these elements beyond a reasonable doubt. If any of these elements cannot be proven, the defendant may not be found guilty of the offense.

Possession of Controlled Substance(s)

To prove unlawful possession of a controlled substance, the state must demonstrate the following elements beyond a reasonable doubt:

To secure a conviction for this crime, it must be proven that the defendant knowingly or intentionally had possession of a controlled substance.

A controlled substance is defined as a drug or its immediate precursor categorized in Schedules I–V under the Federal Controlled Substances Act. However, it is important to note that the definition explicitly excludes certain substances:

The plant Cannabis from the Cannabaceae family.
Any part of the cannabis plant, whether it is growing or not.
Resin extracted from any part of the cannabis plant.
The seeds of the cannabis plant.
Any compound, manufacture, salt, derivative, mixture, or preparation of the cannabis plant, resin, or seed.

Additionally, psilocybin and psilocin are not considered controlled substances under this definition, but only if a person manufactures, delivers, or possesses them in accordance with the provisions of ORS 475A.210 to 475A.722 and the rules adopted under those statutes.

To secure a conviction for possession of a controlled substance, the state must provide evidence that supports all three of these elements beyond a reasonable doubt. If any of these elements cannot be proven, the defendant may not be found guilty of the offense.

DUI

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