NC · jury_instructions
N.C.P.I.—Crim. 270A.25
OPERATING VESSEL WHILE UNDER THE INFLUENCE OF AN IMPAIRING SUBSTANCE. MISDEMEANOR.
For you to find the defendant guilty of this offense, the State must
prove three things beyond a reasonable doubt:
First, that the defendant was [operating a [motorboat] [vessel]]
[manipulating [water skis] [a surfboard] [nonmotorized vessel] [similar
device (describe device)]].
Second, that the defendant was [operating that [motorboat]
[vessel]] [manipulating the [water skis] [surfboard] [nonmotorized
vessel] [similar device (describe device)]] on the waters of this State.1
And Third, that at the time the defendant was [operating the
[motorboat] [vessel]] [manipulating the [water skis] [surfboard]
[nonmotorized vessel] [similar device (describe device)]], the defendant:
(a) [was under the influence of an impairing substance.2 ((Name
substance involved) is an impairing substance.) The
defendant is under the influence of an impairing substance
when the defendant has taken (or consumed) a sufficient
quantity of that impairing substance to cause the defendant
to lose the normal control of the defendant’s bodily or mental
faculties, or both, to such an extent that there is an
appreciable impairment3 of either or both of these faculties.4]
(b) [had consumed sufficient alcohol that a chemical analysis
made at any relevant time after [operating the [motorboat]
[vessel]] [manipulating the [water skis] [surfboard]
[nonmotorized vessel] [similar device (describe device)]], the
defendant had an alcohol concentration5 of [0.08] [more than
0.08] of alcohol [per 210 liters of breath] [per 100 milliliters
of blood].6 A relevant time is any time after the [operating
the [motorboat] [vessel]] [manipulating the [water skis]
[surfboard] [nonmotorized vessel] [similar device (describe
device)]] that the driver still has in the body alcohol
consumed [before] [during] the [operation] [manipulation].7
the results of a chemical analysis are deemed sufficient
evidence to prove a person’s alcohol concentration.8
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant was [operating a [motorboat]
[vessel]] [manipulating [water skis] [a surfboard] [similar device
(describe device)] on the waters of this State and that when the
defendant did so the defendant [was under the influence of an impairing
substance] [had consumed sufficient alcohol that a chemical analysis
made at any relevant time after driving showed the defendant to have an
alcohol concentration of 0.08 or more grams of alcohol [per 210 liters of
breath] [per 100 milliliters of blood]] it would be your duty to return a
verdict of guilty. If you do not so find or have a reasonable doubt as to
one or both of these things, it would be your duty to return a verdict of
not guilty.
History
N.C.P.I.—Crim. 270A.25 (Replacement June 2022). N.C. Gen. Stat. § 75A-10(b1). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
13cd6f7870cafb8aca20b2272e964d8dc44799d2b6472525085fa84facec1489
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