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HI · jury_instructions

Haw. Pattern Jury Instr. (Criminal) 16.03

Operating a Vehicle Under the Influence of an

activein force · 2026-08-20 – presentas-observed

INTOXICANT--DRUG IMPAIRMENT: H.R.S. § 291E-61(a)(2)

[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 any drug that impairs the person's ability to operate the

vehicle in a careful and prudent manner.

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

any drug that impaired Defendant's ability to operate a vehicle

in a careful and prudent manner; and

3. That Defendant acted intentionally, knowingly, or

recklessly as to each of the foregoing elements.

Provenance

Source
courts.state.hi.us
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
4212bee4c326557193bac843c072ab84d8264d15cdaf49164105bee8626e436e
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