Wis JI-Criminal 2664

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 a controlled

substance.

State’s Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant (drove) (operated) a motor vehicle 2 on a highway. 3

Definition of “Drive” or “Operate”

[“Drive” means the exercise of physical control over the speed and direction

of a motor vehicle while it is in motion.] 4

[“Operate” means the physical manipulation or activation of any of the

controls of a motor vehicle necessary to put it in motion.] 5

2. The defendant was under the influence of (name controlled substance) 6 at the

time the defendant (drove) (operated) a motor vehicle.

[(Name controlled substance) is a controlled substance.] 7

The Definition of “Under the Influence”

“Under the influence” means that the defendant’s ability to operate a vehicle was

impaired because of consumption of a controlled substance. 8

[Not every person who has consumed (name controlled substance) is “under the

influence” as that term is used here.] 9 What must be established is that the person has

consumed a sufficient amount of (name controlled substance) 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.

Jury’s Decision

If you are satisfied beyond a reasonable doubt 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.