MUJI 2d CV2033

In addition to compensatory damages, [name of plaintiff] also seeks to recover punitive damages against [name of defendant]. Punitive damages are not intended to compensate [name of plaintiff] for [his][her][its] loss. Punitive damages can be awarded to punish a wrongdoer for driving [a motor vehicle or motorboat] while voluntarily intoxicated or under the influence of any drug or a combination of alcohol and drugs in violation of the law.

Punitive damages may be awarded if [name of plaintiff] has proven by a preponderance of the evidence that [name of defendant] was operating or in actual physical control of a vehicle within this state and any one of the following:

(1) had sufficient alcohol in [his][her] body that a subsequent chemical test shows that [he][she] had a blood or breath alcohol concentration of .08 grams or greater at the time of the test; or

(2) had a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control; or

(3) was under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that rendered the person incapable of safely operating a vehicle.

[There is a question on the Special Verdict form whether [name of plaintiff] has proved by a preponderance of the evidence that [name of defendant] violated the above law. If you answer "yes" to this question, I will then give you further instructions regarding punitive damages.]