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8.3-5 Drinking while Operating Motor Vehicle -- § 53a-213
Revised to December 1, 2007
The defendant is charged [in count __] with drinking while operating a motor vehicle. The statute defining this offense reads in pertinent part as follows:
a person is guilty of drinking while operating a motor vehicle when (he/she) drinks any alcoholic liquor while operating a motor vehicle <insert as appropriate:>
upon a public highway of this state.
upon any road of any specially chartered municipal association or any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks.
in any parking area for ten cars or more.
upon any private road on which a speed limit has been established.
upon any school property.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Operated a motor
vehicle
The first element is that the
defendant operated a motor vehicle. "Motor
vehicle" has its ordinary meaning and includes an automobile.
A person "operates" a motor vehicle within the meaning of the statute when, while in the vehicle, such person intentionally does any act or makes use of any mechanical or electrical agency that alone, or in sequence, will set in motion the motive power of the vehicle. A person acts "intentionally" with respect to conduct when (his/her) conscious objective is to engage in such conduct. <See Intent: General, Instruction 2.3-1.>2
Element 2 - On a particular
class of road
The second element is that such
operation was on <describe location>. [<If public highway alleged:>
"Public highway" means "a main road or thoroughfare, a road or way open to
public." You must determine whether <describe location> is a public
highway according to this definition.]1
Element 3 - While drinking
alcohol
The third element is that while
operating a motor vehicle, the defendant drank alcoholic liquor. "Alcoholic
liquor" is defined by statute and includes alcohol, beer, spirits and wine and
every liquid or solid, patented or not, containing alcohol, spirits, wine or
beer and capable of being consumed by a human being for beverage purposes. The
definition does not apply to any liquid or solid containing less than one-half
of one per cent of alcohol by volume.2
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant operated a motor vehicle, 2) on <insert alleged location>, and 3) (he/she) drank alcoholic liquor while operating the motor vehicle.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of drinking while
operating a motor vehicle, then you shall find the defendant guilty. On the
other hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant not
guilty.
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1 A public highway is the most commonly encountered type of road for this offense. Tailor this element to the facts alleged.
2
General Statutes § 30-1, specifically incorporated by § 53a-213.