Opinion
55l88S; CA A41731
Submitted on record and briefs June 16, 1987.
Affirmed September 9, 1987.
Appeal from the District Court, Clackamas County, Raymond Bagley, Judge.
Wm. Bruce Shepley, Metropolitan Public Defender, Oregon City, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and John A. Reuling, Jr., Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Affirmed.
In this DUII case, defendant contends that he should have been permitted to assert as a defense that he was involuntarily intoxicated. In State v. Maguire, 78 Or. App. 459, 717 P.2d 226 (1986), we held that driving under the influence of intoxicants, former ORS 487.540, is a strict liability crime and does not require a culpable mental state. On review, the Supreme Court, by an equally divided court, affirmed without opinion. 303 Or. 368, 736 P.2d 193 (1987).
The present statute, ORS 813.010, applicable to this case, does not differ from the former statute in any respect material to this case.
We affirm, relying on our reasoning in State v. Maguire, supra.
Affirmed.