BEING INVOLVED IN ACCIDENT WHILE UNDER THE INFLUENCE
OF ALCOHOL/(AN INTOXICATING SUBSTANCE) - ELEMENTS
No person may be convicted of being involved in an accident while under the influence of alcohol/(an intoxicating substance) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, being involved in a personal injury accident;
Second, while driving a motor vehicle;
Third, 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);
Fourth, (while having a blood/breath alcohol concentration of 0.08 or more)/(while under the influence of alcohol)/(while under the [influence of any intoxicating substance other than alcohol]/[combined influence of alcohol and any other intoxicating substance] which may render a person incapable of safely driving a motor vehicle);
[Fifth, the blood/breath alcohol test was administered within 2 hours after arrest).]
Statutory Authority: 47 O.S. 2011, § 11-904(A).
Notes on Use
The Fifth Element should be read only for prosecutions based on having a blood/breath alcohol concentration of 0.08 or more.