OUJI-CR 6-18A

AGGRAVATED DRIVING UNDER THE INFLUENCE - ELEMENTS

No person may be convicted of aggravated driving a motor vehicle unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, driving;

Second, with a blood/breath alcohol concentration of 0.15 or more;

Third, a motor vehicle;

Fourth, on a (public road/street/highway/turnpike/

place)/(private road/street/alley/lane which provides access to one or more single or multi­ family dwellings);

[Fifth, the blood/breath alcohol test was administered on a sample taken from the defendant (within 2 hours after arrest)/(as soon as practical after the fatality/injury accident).]

Statutory Authority: 47 O.S. 2021, § l l-902(D).

(2024 Supp.)