Aggravated DWI: Driving Under the Influence of Intoxicating Liquor or Drugs and Causing Bodily Injury, §66-8-102(D)(2) - Elements
Aggravated DWI: Driving Under the Influence of Intoxicating Liquor or Drugs and Causing Bodily Injury, §66-8-102(D)(2) - Elements
See UJI Criminal 14-4507 for an instruction on the essential elements of this offense. UJI Criminal 14-4509 is an instruction on all three types of aggravated DWI for use when the evidence supports more than one of the ways in which aggravated DWI can be committed.
Section §66-8-102(D)(2) makes it unlawful for:
- Any person
- Who is under the influence
- Of intoxicating liquor or drugs
- To drive
- A vehicle
- Within this state
- And as a result cause bodily injury to a human being.
"Bodily injury" is defined as “an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body.” §66-8-102(T)(1). This may include injuries to the driver of the vehicle.