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