OCCA Online
Oklahoma Uniform Jury Instructions
Criminal 2nd Edition ( including 1997, 2000, 2003, 2005, 2006, 2007, 2008, 2009, 2010 and 2012 supplements )

OUJI-CR 6-26

FAILURE TO SUBMIT TO DRUG AND ALCOHOL TESTING AFTER

AN ACCIDENT INVOLVING IMMEDIATE DEATH - ELEMENTS

No person may be convicted of failure to submit to drug and alcohol testing after an accident involving immediate death unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the defendant drove a vehicle;

Second, involved in an accident;

Third, that resulted in immediate death of a person;

Fourth, was cited for a traffic offense;

Fifth, willfully/maliciously;

Sixth, refused to submit to drug and alcohol testing requested by a law enforcement officer as soon as practicable after the accident occurred.

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Statutory Authority: 47 O.S. Supp. 1995, §§ 10-102.1(B), 10-104(B), 752, 756.
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