UT · jury_instructions
MUJI 2d CR1001
Preamble to Driving under the Influence Instructions.
In the realm of DUI, practitioners often request that the court give instructions that comment on the sufficiency, or relative quality, of evidence. Some examples of such instructions include:
"Bookends"
Standardized field sobriety tests (including horizontal gaze nystagmus)
Baker waiting period
Breath test
"Mere consumption"
"Under the influence"
Margin of error
Instructions of this nature are disfavored and may run afoul of the Utah Supreme Court's admonition that trial courts should not comment upon the evidence. See State v. Pappacostas, 407 P.2d 576 (Utah 1965) and Utah R. Crim. P. 19(f).
Committee Amended
01/08/2020
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
497cbafe8b81b52ad23949ee8d07252013723ddebb13a3e68dc6109f6910c85f
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