OUJI-CR 6-18

DRIVING A MOTOR VEHICLE

(WHILE UNDER THE INFLUENCE OF ALCOHOL)/(WITH ALCOHOL

CONCENTRATION OF .08 OR MORE) - ELEMENTS

No person may be convicted of driving a motor vehicle (while under the influence of alcohol)/(with a blood/breath alcohol concentration of .08 or more) 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 0.08 or more)/(while under the influence of alcohol);

    Third, a motor vehicle; and

    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) ;

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Statutory Authority: 47 O.S. Supp. 2025, §§ 11-101, 11-902.

Notes on Use

Driving under the influence of alcohol must be defined if the prosecution is under 47 O.S. Supp. 2025, § 11-902(A)(2). Bernhardt v. State, 1986 OK CR 76, ¶ 4, 719 P.2d 832, 833 . For the definition of "under the influence," see OUJI-CR 6-35, infra. The Bernhardt case also held that driving while impaired is a lesser included offense for driving under the influence of alcohol. 1986 OK CR 76, ¶ 3, 719 P.2d at 833.

The instruction on sentencing (see OUJI-CR 10-13, infra) should include the sentencing options for alcohol treatment and community services that are provided for in 47 O.S. Supp. 2025, § 11-902(A)(1). See Hicks v. State, 2003 OK CR 10, ¶ 4, 70 P.3d 882, 883.

Committee Comments

Section 11-902 was amended in 2025 by Senate Bill No. 54 and also by House Bill No. 2104.  See Laws 2025, SB 54, c. 347, eff. November 1, 2025, and  Laws 2025, HB 2104, c. 486, eff. January 1, 2026.  The Committee recognizes that the later amendment controls over an earlier amendment if they are in conflict. The Committee concludes, however, that the provisions which differ between the two amendments are not in conflict with respect to the elements of driving under the influence because the legislative intent of the House Bill was not to change these elements, but only the punishment.