HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 16.04
Operating a Vehicle Under the Influence of an
AN INTOXICANT --.08 BREATH ALCOHOL:
H.R.S. § 291E-61(a)(3)
[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 with .08 or more grams of
alcohol per 210 liters of breath.
There are two 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 two 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, had .08 or more grams of
alcohol per 210 liters of breath.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
a4f05c06ffe7d6b0334112ef7d0d0e301b9f73b77a7fdb8a012255e948f5a476
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