Va. Model Jury Instr. Civ. No. 15.005

If you find your verdict for the plaintiff and if you further find by the greater weight of the

evidence that:

Blood/Breath test

(1) when the incident causing the [injury; death] occurred, the defendant had a blood alcohol

concentration of 0.15 percent or more by weight by volume (or 0.15 grams or more per 210 liters

of breath); and

(2) at the time the defendant began drinking alcohol, or during the time he was drinking alcohol, he

knew or should have known that his ability to operate a motor vehicle would be impaired, or when

he was operating a motor vehicle he knew or should have known that his ability to operate a motor

vehicle was impaired; and

(3) the defendant’s intoxication was a proximate cause of the [injury; death] of the [plaintiff;

name of plaintiff’s decedent].

Unreasonable refusal

(1) when the incident causing injury or death occurred, the defendant was intoxicated and

unreasonably refused to submit to a test of his blood alcohol content; and

(2) at the time the defendant began drinking alcohol, during the time he was drinking alcohol, or

when he was operating a motor vehicle, he knew or should have known that his ability to operate a

motor vehicle was impaired;

(3) the defendant’s intoxication was a proximate cause of the [injury; death] of the [plaintiff;

name of plaintiff’s decedent].

then you may award punitive damages. If you do so, you must state separately the amount

allowed as punitive damages.