N.C.P.I.—Crim. 270A.27C

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

defendant was operating a vessel while underway on

the waters of this State while under the influence of an

impairing substance, and did not cause death or

serious injury to another.

If the defendant admits to a previous conviction of

impaired boating1 within seven (7) years of the current

violation, those elements of the offense are

established and no evidence in support thereof may be

adduced by the State. In such case, a transcript of

plea is required for the admission of the previous

conviction.

If the defendant denies a previous conviction of

impaired boating occurring within seven (7) years of

the current violation or remains silent, the State must

prove the previous conviction in the fourth and fifth

elements of the offense below. See N.C. Gen. Stat. §

15A-928.

The defendant has been charged with aggravated [death] [serious

injury] by impaired boating.

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

prove six 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

boating; that is that the defendant was [operating a [motorboat]

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

[(describe similar device)]].

(a) [was 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.

Fifth, that the defendant had a previous conviction of impaired

boating; that is, the defendant on (name date) in (name court) [was

convicted of] [pled guilty to] impaired boating, in violation of the law of

the state of North Carolina.

And Sixth, that the previous conviction of impaired boating occurred

within seven (7) years of the current offense (name date of current

offense).

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] [(describe similar device)]] while underway on the

waters of this State [while under the influence of an impairing substance]

[after having consumed sufficient alcohol that the defendant has, at any

relevant time after the boating, 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

[death] [serious injury] to the alleged victim, and that the defendant has

a previous conviction of impaired boating occurring within seven (7) years

of the current offense, 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.