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Citations - New Mexico Laws and Court Rules
Chapter 66 - Motor Vehicles - cited by 2,952 documents

Decision Content

14-4503. Driving with a blood or breath alcohol concentration of eight one-hundredths (.08) or more; essential elements.

            For you to find the defendant guilty of driving with a blood or breath alcohol concentration of eight one-hundredths (.08) or more [as charged in Count ________]1, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

            1.         The defendant operated a motor vehicle2;

            2.         Within three (3) hours of driving, the defendant had an alcohol concentration of eight one-hundredths (.08) grams or more in [one hundred milliliters of blood]3 [or] [two hundred ten liters of breath] and the alcohol concentration resulted from alcohol consumed before or while driving the vehicle.

            3.         This happened in New Mexico, on or about the ________ day of ____________, ________.

 

USE NOTES

            1.         Insert count number if more than one count is charged.

            2.         For the definition of “motor vehicle,” see § 66-1-4.11 (H) NMSA 1978 (2007).

            3.         Use only the applicable alternative or alternatives.

[Adopted, October 1, 1985; UJI Criminal Rule 35.02 NMSA 1978; UJI 14-4502 SCRA 1986; as amended, effective August 1, 1989; May 1, 1997; as amended by Supreme Court Order No.  08-8300-008, effective March 21, 2008; as amended by Supreme Court Order No. 16-8300-010, effective for all cases pending or filed on or after December 31, 2016.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.