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STATE v. KING

DC 90-61827; CA A69804; SC S39537, DC 90-60221; CA A71859; SC S39624, Consolidated for Argument and Opinion.

852 P.2d 190 (1993)

316 Or. 437

STATE of Oregon, Respondent on Review, v. Marrion Allison KING, Petitioner on Review. STATE of Oregon, Respondent on Review, v. John Gene LAYTON, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided May 28, 1993.

Attorney(s) appearing for the Case

Michael V. Phillips, of Johnson, Clifton, Larson & Bolin, P.C., Eugene, argued the cause and filed the petition for petitioner on review King.

Joseph A. Tripi, of Thorp, Dennett, Purdy, Golden & Jewett, P.C., Springfield, argued the cause for petitioner on review Layton. Richard L. Fredericks filed the petition.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With her on the responses to the petitions for review were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

CARSON, Chief Justice.

In each of these cases, consolidated for oral argument and opinion, the defendant was arrested and tried for Driving Under the Influence of Intoxicants (DUII). The prosecution presented evidence in each case that defendants were driving, that each had a blood alcohol content (BAC) exceeding.08 percent, a violation of subsection (a) of ORS 813.010(1)1, and that the driving of each was perceptibly impaired by the ingestion...

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