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OUJI-CR 6-23

DRIVING A MOTOR VEHICLE WITH IMPAIRED ABILITY - ELEMENTS

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

First, driving;

Second, a motor vehicle;

Third, with impaired ability;

Fourth, due to alcohol/(an intoxicating substance).

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Statutory Authority: 47 O.S. 2011, § 761.

Committee Comments

This instruction is limited to driving a motor vehicle with impaired ability, because 47 O.S. 2011, § 761 does not include being in actual physical control of a motor vehicle. However, if there is evidence that the defendant was driving a motor vehicle although charged only with being in actual physical control of a motor vehicle while under the influence of alcohol or another intoxicating substance, the defendant may be entitled to this instruction as a lesser included offense.

(2013 Supp.)

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