Wis JI-Criminal 2664B

Statutory Definition of the Crime

Section 346.63(1)(am) of the Wisconsin Statutes is violated by one who drives or

operates a motor vehicle on a highway1 while the person has a detectable amount of a

restricted controlled substance in his or her blood.

Burden of Proof

Before you may find the defendant guilty of this offense, the ((identify prosecuting

agency)2) (State) must prove by evidence which satisfies you (to a reasonable certainty by

evidence which is clear, satisfactory, and convincing) (beyond a reasonable doubt)3 that

the following two elements were present.

Elements of the Offense That Must Be Proved

1. The defendant (drove) (operated) a motor vehicle4 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 had a detectable amount of a restricted controlled substance in his

or her blood at the time the defendant (drove) (operated) a motor vehicle.

[(Name restricted controlled substance) is a restricted controlled substance.]8

GIVE THE FOLLOWING IF DELTA-9-TETRAHYDROCANNABINOL IS

THE ALLEGED RESTRICTED CONTROLLED SUBSTANCE.

[Delta-9-tetrahydrocannabinol is considered a restricted controlled substance

if it is at a concentration of one or more nanograms per milliliter of a person’s

blood.]

How to Use the Test Result Evidence

The law states that a chemical analysis showing a detectable amount of a restricted

controlled substance in a defendant’s blood sample is evidence of the presence of a

detectable amount of a restricted controlled substance in a defendant’s blood at the time of

the (driving) (operating).9

USE THE FOLLOWING IF APPROPRIATE:

[If you are satisfied (to a reasonable certainty by evidence which is clear, satisfactory,

and convincing) (beyond a reasonable doubt) that there was a detectable amount of a

restricted controlled substance in the defendant’s blood at the time the sample was taken,

you may find from that fact alone that the defendant had a detectable amount of a restricted

controlled substance in (his) (her) blood at the time of the (driving) (operating) but you are

not required to do so. You the jury are here to decide this question on the basis of all the

evidence in this case, and you should not find that the defendant had a detectable amount

of a restricted controlled substance in (his) (her) blood at the time of the alleged (driving)

(operating) unless you are satisfied of that fact (to a reasonable certainty by evidence which

is clear, satisfactory, and convincing) (beyond a reasonable doubt).]

Jury’s Decision

If you are satisfied (to a reasonable certainty by evidence which is clear, satisfactory,

and convincing) (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.