QUESTION

I got a DUII and am 20. I blew .06, under offense the box is checked that says "no culpable mental state." what does that mean?

Asked on Aug 17th, 2014 on DUI/DWI - Oregon
More details to this question:
My state is a zero tolerance state. 00.00%
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1 ANSWER

Criminal Defense Attorney serving Salem, OR at Usera & Snow, P.C.
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Most crimes require a mental state and associated conduct.  For example, crimes can be committed "intentionally," "knowingly," "recklessly."  However, the crime of DUII does not require a mental state.  Put differently, the state is not required to prove that you "knew" or "intended" to be under the influence and drive.  Your understanding that Oregon is a "zero tolerance" state is incorrect.  The DMV can suspend your license for having a breath test above .00%, but that does not mean you are guilty of DUII.  In fact, the .06% BAC is persuasive evidence that you were not under the influence. 
Answered on Aug 27th, 2014 at 10:14 AM

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