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STATE OF OREGON, Respondent, v. LES LEE MILLER, Appellant.

PER CURIAM

Affirmed.

PER CURIAM

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.

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STATE v. MILLER
(May 16, 1989)