VA · jury_instructions
Va. Model Jury Instr. Crim. No. 21.100
Driving While Under the Influence of Alcohol and/or Drugs (Including “Per Se” Offenses)
The defendant is charged with the crime of driving while [having a blood alcohol concentration of
0.08 or more; having a concentration of 0.08 grams or more of alcohol per 210 liters of breath; under the
influence of alcohol; under the influence of drugs; under the influence of a combination of alcohol and
drugs; having a blood concentration of cocaine equal to or greater than 0.02 milligrams of cocaine per
liter of blood; having a blood concentration of methamphetamine equal to or greater than 0.1 milligrams
of methamphetamine per liter of blood; having a blood concentration of phencyclidine equal to or
greater than 0.01 milligrams of phencyclidine per liter of blood; having a blood concentration of 3,4-methylenedioxymethamphetamine equal to or greater than 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood]. The Commonwealth must prove beyond a
reasonable doubt each of the following elements of that crime:
(1) That the defendant was [driving; operating] a motor vehicle; and
(2) That at the time [he had a blood alcohol concentration of 0.08 or more; he had a concentration of
0.08 grams or more of alcohol per 210 liters of breath; he was under the influence of alcohol; he was
under the influence of a narcotic drug or other self-administered intoxicant or drug, or a combination of
such drugs to a degree which impaired his ability to drive or operate a motor vehicle safely; he was
under the combined influence of alcohol and any drug or drugs to a degree which impaired his ability to
drive or operate a motor vehicle safely; he had a blood concentration of cocaine equal to or greater than
0.02 milligrams of cocaine per liter of blood; he had a blood concentration of methamphetamine equal to
or greater than 0.1 milligrams of methamphetamine per liter of blood; he had a blood concentration of
phencyclidine equal to or greater than 0.01 milligrams of phencyclidine per liter of blood; he had a
concentration of 3,4-methylenedioxymethamphetamine equal to or greater than 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood].
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the above elements of the crime as charged, then you shall find the defendant guilty, [but
you shall not fix the punishment until your verdict has been returned and further evidence has
been heard by you].
If you find that the Commonwealth has failed to prove beyond a reasonable doubt any one or
more of the elements of the crime, then you shall find the defendant not guilty.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
cf84f65985c6071d8e28357305d718a976744719d3b91a94c9638aa9c57f9011
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