DWI Elements Common to All DWI Offenses

DWI Elements Common to All DWI Offenses

The DWI offenses have many common elements, such as “under the influence” or “intoxicating liquor.” These elements have the same meaning in each type of DWI offense, e.g. “under the influence” means the same in §66-8-102(A) as it does in §66-8-102(D)(2). The elements common to all DWI offenses are explained below.

Under the Influence

"Under the influence" is not defined in the DWI statute. From case law, it means that as a result of consuming intoxicating liquor and/or drugs, the defendant was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the defendant and the public. State v. Sanchez, 2001-NMCA-109, ¶ 6. The same definition is used in UJI Criminal 14-4501 (DWI) and UJI Criminal 14-243 (vehicular homicide).