OUJI-CR 6-17

DRIVING A MOTOR VEHICLE

WHILE UNDER THE INFLUENCE, ETC. - INTRODUCTION

The defendant is charged with

[driving a motor vehicle (while under the influence of (alcohol/(an intoxicating substance)/(with a blood/breath alcohol concentration of .08 or more)]

[being in actual physical control of a motor vehicle while under the influence of alcohol/(an intoxicating substance)]

[(being involved in)/causing an accident while under the influence of alcohol/(an intoxicating substance)]

[driving a motor vehicle with impaired ability]

[being in actual physical control of a motor vehicle while under the influence of alcohol/(an intoxicating substance)]

[leaving the scene of an accident with (personal injury)/death]

[failure to submit to drug and alcohol testing after an accident involving immediate death]

[driving under suspension/revocation]

upon [Description of Road, Highway, etc.] on [Date] in [Name of County] County, Oklahoma.

______________________________

Notes on Use

This instruction is to be used for a number of crimes in Title 47 involving the use of a motor vehicle, including driving under the influence and being in actual physical control of a motor vehicle.

Committee Comments

The Court of Criminal Appeals has pointed out that section 11-902(A) creates two separate and distinct offenses: driving under the influence, which involves motion; and physical control of a motor vehicle while under the influence of intoxicating alcohol, which does not require proof of motion. Crane v. State, 1969 OK CR 267,461 P.2d 986; Parker v. State, 1967 OK CR 7, 424 P.2d 997.