Congratulations to Jennelle Johnson on another DUII win!

Ms. Johnson won this by a jury trial.  The arresting officer testified that Ms. Johnson's client had been driving slowly and deliberately, smelled of alcohol and scored .07% blood alcohol on the intoxilizer.  Most people do not realize that a person can be guilty of DUII in Oregon with a blood alcohol level lower than .08%.  Another way a person can be convicted for DUII, even if they are lower than .08% BAC at the time of driving, is if the alcohol (or controlled substance - i.e. drugs) was affecting that person "to a perceptible degree."  Therefore, much of this trial focused on the observations of Ms. Johnson's client by the arresting officer.  Ms. Johnson scored wins on evidence issues with the judge and controlled the narrative of the trial.  At the end of closing argument, the jury only took twenty minutes to return a verdict of Not Guilty.

DUII - ORS 813.010 - carries up to 1 year of jail and a fine of up to $6,250.