Del. P.J.I. Crim. No. 11.629

VEHICULAR ASSAULT IN THE FIRST DEGREE

In order to find Defendant guilty of Vehicular Assault in the First Degree,

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

reasonable doubt:

(1) Defendant drove a motor vehicle;

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

person;

(3) Defendant was driving the vehicle under the influence of alcohol or

drugs, or with a prohibited alcohol blood content; and

(4) Defendant acted negligently.

If a person violates a statute, which was 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 has offered the following evidence in support of its

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

{Select applicable evidence}:

[Defendant had a blood alcohol concentration of ____% at the time of the

charged offense. 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.]

[Defendant was driving a motor vehicle under the influence of (drug)] at the

time of the charged offense.

[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.

(State evidence of alcohol or drug use under code Definitions.)]

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

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

"Serious physical injury" means any physical injury that creates a

substantial risk of death, or that causes serious and prolonged disfigurement,

prolonged impairment of health, or prolonged loss or impairment of the function

of any bodily organ.

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

reasonable person would observe in the same situation.