WI · jury_instructions
Wis JI-Criminal 2663B
Operating a Motor Vehicle While Under the Influence of an Intoxicant - Civil Forfeiture - No Alcohol Concentration Test
Statutory Definition of the Crime
Section 346.63(1)(a) of the Wisconsin Statutes is violated by one who drives or
operates a motor vehicle on a highway 1 while under the influence of an intoxicant. 2
Burden of Proof
Before you may find the defendant guilty of this offense, the (identify prosecuting
agency) 3 must satisfy you to a reasonable certainty by evidence which is clear,
satisfactory, and convincing that the following two elements were present.
Elements of the Offense That Must Be Proved
1. The defendant (drove) (operated) a motor vehicle 4 on a highway. 5
[“Drive” means the exercise of physical control over the speed and direction
of a motor vehicle while it is in motion.] 6
[“Operate” means the physical manipulation or activation of any of the
controls of a motor vehicle necessary to put it in motion.] 7
2. The defendant was under the influence of an intoxicant at the time the defendant
(drove) (operated) a motor vehicle.
Definition of “Under the Influence of an Intoxicant”
“Under the influence of an intoxicant” means that the defendant’s ability to operate a
vehicle was impaired because of consumption of an alcoholic beverage. 8
Not every person who has consumed alcoholic beverages is “under the influence” as
that term is used here. What must be established is that the person has consumed a
sufficient amount of alcohol to cause the person to be less able to exercise the clear
judgment and steady hand necessary to handle and control a motor vehicle.
It is not required that impaired ability to operate be demonstrated by particular acts of
unsafe driving. What is required is that the person’s ability to safely control the vehicle
be impaired.
IF THE CASE INVOLVES A TEST REFUSAL, ADD THE FOLLOWING: 9
[Testimony has been received that the defendant refused to furnish a (breath) (urine)
sample for chemical analysis. You should consider this evidence along with all the other
evidence in the case, giving to it the weight you decide it is entitled to receive.]
Jury’s Decision
If you are satisfied to a reasonable certainty by evidence which is clear, satisfactory,
and convincing that both elements of this offense have been proved, you should find the
defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 2663B (2019). Release No. 57, 7/2019. © 2019, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2396523bd5a0e8118f10753c7be4b90f5911fb09f6f1837322d08c9ed83acc68
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