People may think that they have few defense options following a DUI arrest. However, this is simply not the case. In Oregon, those arrested for DUI have several options in order to eliminate charges or to reduce penalties. Recently, the Oregon Supreme Court has allowed a new defense -- sleep driving.
In this case, a 51-year-old man from Northwest Portland was pulled over and arrested for drunk driving after drinking at a restaurant in 2008. However, the man claims that following his drinks, his friend drove him home. Hours later, in the middle of the night, the man says that he left his home and drove around all while still sleeping.
According to Portland police, the man drove through a red light and had difficulty staying in his lane before he was pulled over and arrested. Following his arrest, a blood test showed that his blood alcohol content level was .15 which is greater than the legal limit.
During his criminal case, the man argued that he should not be guilty of DUI since he was not consciously or voluntarily driving. To support his case, the man wanted to present evidence that showed he had a history of sleep walking and that sleep driving was a related activity. However, the trial court would not allow that evidence and found him guilty.
However, the Oregon Supreme Court has overruled the trial court and ordered a new trial. They argued that evidence about whether the behavior was voluntary is important since under Oregon laws a person can only be convicted of a crime if the crime is a "voluntary act."
This case potentially creates a new defense for those accused of DUI and DUII, however, it may only be applicable in certain situations. Those accused of drunk driving should understand all the defenses available as soon as possible.
Source: The Oregonian, "'Sleep driving' can be argued as defense against drunken driving charge, Oregon Supreme Court rules," Aimee Green, May 31, 2013
