COLJI-Crim. 42:03

The elements of the crime of driving under restraint (restraint based

on a conviction or administrative action related to alcohol or drugs) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. drove a motor vehicle or off-highway vehicle,

4. upon any highway of this state,

5. with knowledge that his [her] license or privilege to drive,

either as a resident or a nonresident, was under restraint,

[6. because of [insert description of restraint(s) from section 42-2-

126(3)].]

[6. solely or partially because of a conviction of driving under the

influence, driving with excessive alcohol content, driving while

ability impaired, or underage drinking and driving.]

[6. in another state, solely or partially because of an alcohol-related

driving offense.]

[7. and that the defendant’s conduct was not legally authorized by

the affirmative defense[s] in Instruction[s] ___.]

After considering all the evidence, if you decide the prosecution has

proven each of the elements beyond a reasonable doubt, you should find

the defendant guilty of driving under restraint (restraint based on a

conviction or administrative action related to alcohol or drugs).

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the elements beyond a reasonable doubt,

you should find the defendant not guilty of driving under restraint

(restraint based on a conviction or administrative action related to alcohol

or drugs).