WI · jury_instructions
Wis JI-Criminal 2667
Operating a Motor Vehicle While under the Influence of an Intoxicant: Hazardous Inhalant
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 highway1 while under the influence of a hazardous
inhalant. 2
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 3 on a highway. 4
["Drive" means the exercise of physical control over the speed and direction
of a motor vehicle while it is in motion.] 5
["Operate" means the physical manipulation or activation of any of the
controls of a motor vehicle necessary to put it in motion.] 6
2. The defendant was under the influence of a hazardous inhalant at the time the
defendant (drove) (operated) a motor vehicle.
Definition of "Hazardous Inhalant"
"Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise
introduced into the human body in a manner that is not intended by the manufacturer of
the substance, and that is intended to induce intoxication or elation. 7
Definition of "Under the Influence of a Hazardous Inhalant"
"Under the influence of a hazardous inhalant" means that the defendant's ability to
operate a vehicle was impaired because the defendant ingested, inhaled, or otherwise
introduced a hazardous inhalant into (his) (her) body. 8
Not every person who has introduced a hazardous inhalant into (his) (her) body 9 is
"under the influence" as that term is used here. What must be established is that the
person has introduced a sufficient amount of a hazardous inhalant into (his) (her) body 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.
History
Wis JI-Criminal 2667 (2015). Release No. 53, 4/2015. © 2015, 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
75bfacbcd5852e4139c2aeeb8eec965da62e44b87bc87d2403b9f78234120198
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.