N.C.P.I.—Crim. 270A.27B

NOTE WELL: This instruction is to be used for offenses

occurring on or after December 1, 2016. See N.C. Gen.

Stat. § 75A-10.3. Use N.C.P.I.—Crim 270A.25 if the

defendant was operating a vessel while under the

influence of an impairing substance and did not cause

death or serious injury to another.

The defendant has been charged with [death] [serious injury] by

impaired boating.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt.

First, that on or about the alleged date, the defendant

unintentionally caused [the death of] [serious injury to] the alleged

victim.

Second, that the defendant was engaged in the offense of impaired

boating1, that is that the defendant was [operating a [motorboat]

[vessel]] [manipulating [water skis] [a surfboard] [nonmotorized vessel]

[(describe similar device)]].

(a) [while under the influence of an impairing substance] (Name

substance involved) is an impairing substance.2 The

defendant is under the influence of an impairing substance

when the defendant has [taken] [consumed] a sufficient

quantity of that impairing substance to cause the defendant

to lose the normal control of the defendant's [bodily] [mental

faculties] [both], to such an extent that there is an

appreciable impairment3 of [either] [both of these faculties.4]]

(b) [after having consumed sufficient alcohol that at any relevant

time after the boating, 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 boating that the driver still has in the

body alcohol consumed [before] [during] the boating]7 the

results of a chemical analysis are deemed sufficient evidence

to prove a person’s alcohol concentration.8

Third, 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.9

Fourth, that the defendant’s impaired boating was the proximate

cause of [the death of] [serious injury to] the alleged victim.

And Fifth, that the defendant did so knowingly.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant unintentionally caused [the death

of] [serious injury to] the alleged victim, that the defendant was engaged

in the offense of impaired boating, that is the defendant [operated a

[motorboat] [vessel]] [manipulated [water skis] [a surfboard]

[nonmotorized vessel] [similar device (describe device)]] while underway

on the waters of this State,

(a) [while under the influence of an impairing substance]

(b) [after having consumed sufficient alcohol that at any relevant

time after the boating, the defendant had an alcohol

concentration of [0.08] [more than 0.08] of alcohol [per 210

liters of breath] [per 100 milliliters of blood],

that defendant’s impaired boating was the proximate cause of [the death

of] [serious injury to] to the alleged victim, and that the defendant did so

knowingly, 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 more of these

things, it would be your duty to return a verdict of not guilty.