Haw. Pattern Jury Instr. (Criminal) 16.02

OF AN INTOXICANT–ALCOHOL IMPAIRMENT:

H.R.S. § 291E-61(a)(1)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant's name), is charged with the offense

of Operating a Vehicle Under the Influence of an Intoxicant.

A person commits the offense of Operating a Vehicle Under

the Influence of an Intoxicant if the person operates or assumes

actual physical control of a vehicle while 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.

There are three material elements of the offense of

Operating a Vehicle Under the Influence of an Intoxicant, each

of which the prosecution must prove beyond a reasonable doubt.

These three elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant operated or assumed actual

physical control of a vehicle; and

2. That Defendant, at that time, was under the influence

of alcohol in an amount sufficient to impair Defendant's normal

mental faculties or ability to care for Defendant and guard

against casualty; and

3. That Defendant acted intentionally, knowingly, or

recklessly as to each of the foregoing elements.