Opinion
880117M; CA A48812
Argued and submitted December 21, 1988
Affirmed March 1, 1989 reconsideration denied April 21, 1989 petition for review allowed May 16, 1989 ( 308 Or. 33) See later issue Oregon Reports
Appeal from the District Court, Josephine County, Allan H. Coon, Judge.
Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Graber, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Affirmed.
In this driving under the influence of intoxicants (DUII) case, defendant argues that he should have been allowed to assert the defense of involuntary intoxication. He asks us to reconsider our opinion in State v. Maguire, 78 Or. App. 459, 717 P.2d 226 (1986), affirmed without opinion by an equally divided court, 303 Or. 368, 736 P.2d 193 (1987), in which we held that DUII is a strict liability offense. We decline to do so. See State v. Bunch, 87 Or. App. 386, 387, 742 P.2d 74 (1987).
Affirmed.