OUJI-CR 10-13D
RETURN OF VERDICT -- DRIVING UNDER THE INFLUENCE OF
ALCOHOL/(AN INTOXICATING SUBSTANCE)
If you find beyond a reasonable doubt that the defendant committed the crime of driving under the influence of alcohol/(an intoxicating substance), you shall return a verdict of guilty by marking the Verdict Form appropriately.
If you have a reasonable doubt of the defendant's guilt of the charge of driving under the influence of alcohol/(an intoxicating substance), or you find that the State has failed to prove each element of driving under the influence of alcohol/(an intoxicating substance) beyond a reasonable doubt, you shall return a verdict of not guilty by marking the Verdict Form appropriately.
If you find the defendant guilty, you shall then determine the proper punishment. The crime of driving under the influence of alcohol/(an intoxicating substance) is punishable by:
1. Imprisonment in jail for not less than ten days nor more than one year,
and
2. A fine of not more than One Thousand Dollars.
In addition, the defendant will be required to obtain an alcohol and drug substance abuse evaluation and follow all the recommendations made in the evaluation.
OR
[For a Second Offense]
If you find the defendant guilty of driving under the influence of alcohol/(an intoxicating substance) after a previous conviction of driving under the influence of alcohol/(an intoxicating substance), you shall then determine the proper punishment.
If you find the defendant guilty of driving under the influence of alcohol/(an intoxicating substance) after a previous conviction of driving under the influence, the defendant shall be required to obtain an alcohol and drug substance abuse evaluation. The crime of driving under the influence after a previous conviction of driving under the influence is punishable by:
1. Following all the recommendations made in the assessment and evaluation for treatment at the defendant's expense; or
2. Placement in the custody of the Department of Corrections for not less than one year nor more than five years, and a fine of not more than Two Thousand Five Hundred Dollars; or
3. Treatment, imprisonment and a fine within the limitations set out in paragraphs 1 and 2 above.
If the recommendations made in the assessment and evaluation for treatment do not include residential or inpatient treatment for a period of not less than five days, the defendant shall serve a term of imprisonment of at least five days.
OR
[After a Felony Conviction]
If you find the defendant guilty of driving under the influence of alcohol/(an intoxicating substance) after a previous felony conviction of driving under the influence, you shall then determine the proper punishment. If you find the defendant guilty of driving under the influence after a previous felony conviction of driving under the influence, the defendant shall be required to obtain an alcohol and drug substance abuse evaluation and assessment of the defendant's receptivity to treatment and prognosis. The crime of driving under the influence after a previous felony conviction of driving under the influence is punishable by:
1. Following all the recommendations made in the assessment and evaluation for treatment at the defendant's expense, two hundred forty hours of community service, and use of an ignition interlock device that, without tampering or intervention by another person, will prevent the defendant from operating a motor vehicle if the defendant has a blood or breath alcohol concentration of two-hundredths (0.02) or greater; or
2. Placement in the custody of the Department of Corrections for jail for not less than one year nor more than ten years, and a fine of not more than Five Thousand Dollars; or
3. Treatment, imprisonment and a fine within the limitations set out in paragraphs 1 and 2 above.
If the defendant does not undergo residential or inpatient treatment for at least ten days, the defendant shall serve a term of imprisonment of at least ten days.
OR
[After Two Felony Conviction]
If you find the defendant guilty of driving under the influence of alcohol/(an intoxicating substance) after two previous felony convictions of driving under the influence, you shall then determine the proper punishment. If you find the defendant guilty of driving under the influence after two previous felony convictions of driving under the influence, the defendant shall be required to obtain an alcohol and drug substance abuse evaluation and assessment of the defendant's receptivity to treatment and prognosis. The crime of driving under the influence after two previous felony convictions of driving under the influence is punishable by:
1. Following all the recommendations made in the assessment and evaluation for treatment at the defendant's expense, followed by not less than one (1) year of supervision and periodic testing at the defendant's expense, four hundred eighty hours of community service, and use of an ignition interlock device for a minimum of thirty days that, without tampering or intervention by another person, will prevent the defendant from operating a motor vehicle if the defendant has a blood or breath alcohol concentration of two-hundredths (0.02) or greater; or
2. Placement in the custody of the Department of Corrections for jail for not less than one year nor more than twenty years, and a fine of not more than Five Thousand Dollars; or
3. Treatment, imprisonment and a fine within the limitations set out in paragraphs 1 and 2 above.
If the defendant does not undergo residential or inpatient treatment, the defendant shall serve a term of imprisonment of at least ten days.
When you have decided on the proper punishment, you shall fill in the appropriate space on the Verdict Form for the crime of driving under the influence of alcohol/(an intoxicating substance)/[(after a previous conviction of driving under the influence)/(after a previous felony conviction of driving under the influence)/(after two previous felony convictions of driving under the influence)] and return the verdict to the Court.
Statutory Authority: 47 O.S. 2021, § l 1-902(A)-(C).
Notes on Use
The trial judge should select the appropriate alternative for the first or subsequent offense for driving under the influence of alcohol. For an instruction for aggravated driving under the influence, see OUJI-CR 10-13F, infra..
(2024 Supp.)