Haw. Pattern Jury Instr. (Criminal) 16.00

TABLE OF INSTRUCTIONS21

16. CHAPTER 291 -- TRAFFIC VIOLATIONS

Instructions (10/4/04).

Operating a Vehicle Under the Influence of an

Intoxicant (re alcohol 291E-61(a)(1),(3),(4)) or

Habitually Operating a Vehicle Under the Influence of

an Intoxicant (re alcohol 291E-

61.5(a)(2)(A),(C),(D))(10/4/04).

Intoxicant–- Alcohol Impairment: H.R.S. § 291E-

61(a)(1) (10/4/04).

Intoxicant-- Drug Impairment: H.R.S. § 291E-

61(a)(2)(10/4/04).

Intoxicant -- .08 Breath Alcohol: H.R.S. § 291E-

61(a)(3)(10/4/04).

Intoxicant -- .08 Blood Alcohol: H.R.S. § 291E-

61(a)(4)(10/4/04).

Intoxicant or Habitually Operating a Vehicle Under the

Influence of an Intoxicant -- Margin of Error

(10/4/04).

Intoxicant or Habitually Operating a Vehicle Under the

Influence of an Intoxicant--Inference from .08 Level:

H.R.S. § 291E-3 (10/4/04).

an Intoxicant – Alcohol Impairment H.R.S. § 291E-

61.5(a)(1) and (2)(A) (5/25/06, 2/21/08).

an Intoxicant – Drugs H.R.S. § 291E-61.5(a)(1)and

(2)(B) (5/25/06, 8/9/07).

an Intoxicant - .08 Breath Alcohol H.R.S. § 291E-

61.5(a)(1) and 2(C) (5/25/06, 2/21/08)

an Intoxicant – .08 Blood Alcohol H.R.S. § 291E-

61.5(a)(1) and (2)(D) (5/25/06, 2/21/08)

21 The original instructions approved and published in Volume I in December

1991 are not dated. New or amended instructions in Volumes I and II reflect

the Supreme Court's approval date in parentheses.

CHAPTER 16, PATTERN JURY INSTRUCTIONS

"Alcohol" means the product of distillation of any

fermented liquid, regardless of whether rectified, whatever may

be the origin thereof, and includes ethyl alcohol, lower

aliphatic alcohol, and phenol as well as synthetic ethyl

alcohol, but not denatured or other alcohol that is considered

not potable under the customs laws of the United States.

"Drug" means any controlled substance, as defined and

enumerated in schedules I through IV of chapter 329, or its

metabolites.

"Impair" means to weaken, to lessen in power, to diminish,

to damage, or to make worse by diminishing in some material

respect or otherwise affecting in an injurious manner.

"Intoxicant" means alcohol or any drug, as defined in this

section.

"Operate" means to drive or assume actual physical control

of a vehicle upon a public way, street, road, or highway or to

navigate or otherwise use or assume physical control of a vessel

underway on or in the waters of the State.

"Under the influence" means that a person:

(1) Is under the influence of alcohol in an amount

sufficient to impair the person's normal mental faculties or

ability to care for the person and guard against casualty;

(2) Is under the influence of any drug that impairs the

person's ability to operate the vehicle in a careful and prudent

manner;

(3) Has .08 or more grams of alcohol per 210 liters of the

person's breath; or

(4) Has .08 or more grams of alcohol per 100 milliliters or

cubic centimeters of the person's blood.

"Vehicle" includes a:

(1) Motor vehicle;

(2) Moped; and

(3) Vessel.