Del. P.J.I. Crim. No. 11.628(2)

VEHICULAR ASSAULT IN THE SECOND DEGREE [DRIVING

UNDER THE INFLUENCE OF ALCOHOL OR DRUGS]

In order to find Defendant guilty of Vehicular Assault in the Second

Degree, you must find the State has proved the following four (4) elements beyond

a reasonable doubt:

(1) Defendant drove or operated a motor vehicle;

(2) Defendant’s driving of the vehicle caused physical injury to a person;

(3) Defendant drove the vehicle under the influence of alcohol or drugs, or

drove with a prohibited alcohol blood content; and

(4) Defendant acted negligently.

If a person violates a statute enacted to ensure the safety of persons using

the roadways, that person is considered negligent as a matter of law.

In this case, the State offered the following evidence in support of its

position Defendant was driving under the influence of alcohol or drugs:

{Select applicable evidence}:

[At the time of the charged offense, Defendant had a blood alcohol

concentration of ____%. Under Delaware law, a person is driving a motor vehicle

under the influence of alcohol if that person's blood alcohol concentration is .08 or

more of a gram of alcohol per hundred milliliters of blood.]

[At the time of the charged offense, Defendant was driving a motor vehicle

under the influence of (drug)].

[At the time of the charged offense, Defendant was driving a motor vehicle

under the influence of a combination of alcohol and (drug) that caused Defendant

to be less than ordinarily able, either mentally or physically, to exercise clear

judgment, sufficient physical control, or due care in the driving of the vehicle.]

"Drug" is any substance or preparation capable of producing any alteration

of the physical, mental or emotional condition of a person.

"Physical injury" means any impairment of physical condition or substantial

pain.

“Negligent” means Defendant failed to exercise the standard of care a

reasonable person would observe in the same situation.