Driving Under the Influence of Intoxicating Liquor, §66-8-102(A) (“Impaired to the Slightest Degree” DWI) - Elements
Driving Under the Influence of Intoxicating Liquor, §66-8-102(A) (“Impaired to the Slightest Degree” DWI) - Elements
See UJI Criminal 14-4501 for an instruction on the essential elements of this offense.
Section §66-8-102(A) makes it unlawful for:
- Any person
- Who is under the influence
- Of intoxicating liquor
- To drive
- A vehicle
- Within this state.
1.2.3 Driving Under the Influence of a Drug, §66-8-102(B) (“Impaired to the Slightest Degree” DWI) - Elements
See UJI Criminal 14-4502 for an instruction on the essential elements of this offense.
Section §66-8-102(B) makes it unlawful for:
- Any person
- Who is under the influence
- Of any drug
- To a degree that renders the person incapable of safely driving a vehicle
- To driv
- A vehicle
- Within this state.
1.2.4 Driving with a Specific Alcohol Level, §66-8-102(C) (“Per se” or “BAC” DWI) - Elements
Drivers of Non-Commercial Vehicles:
See UJI Criminal 14-4503 for an instruction on the essential elements of this offense.
Section §66-8-102(C)(1) makes it unlawful for:
- Any person
- With an alcohol concentration of .08 or more in the person’s breath or blood
- To drive
- A vehicle
- Within this state.
Drivers of Commercial Vehicles:
Section §66-8-102(C)(2) makes it unlawful for:
- Any person
- With an alcohol concentration of .04 or more in the person’s breath or blood
- To drive
- A commercial vehicle
NOTE: “Commercial motor vehicle" is defined as “a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(a) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;
(b) has a gross vehicle weight rating of more than twenty-six thousand pounds;
(c) is designed to transport sixteen or more passengers, including the driver; or
(d) is of any size and is used in the transportation of hazardous materials, which requires the motor vehicle to be placarded under applicable law.” §66-8-102(T)(2).
- Within this state.