New Mexico Forms Library

14-4501. Driving while under the influence of intoxicating liquor; essential elements.

            For you to find the defendant guilty of driving while under the influence of intoxicating liquor [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.         At the time, the defendant was under the influence of intoxicating liquor, that is, as a result of drinking liquor the defendant was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public;

            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.         See Section 66-1-4.11 NMSA 1978 for the definition of a motor vehicle.

[Adopted, October 1, 1985; UJI Criminal Rule 35.01 NMSA 1978; UJI 14-4501 SCRA 1986; as amended, effective May 1, 1997.]