SEQ CHAPTER \h \r 1CR30-031 05/08/03

UNDER THE INFLUENCE OF INTOXICATING LIQUOR

A person is under the influence of intoxicating liquor if [his] [her] full mental or physical abilities are diminished or affected in the slightest degree by intoxicating liquor.  An influence of intoxicating liquor may be proven by evidence of observable behavior, indicating that (Def)_______________ had consumed alcohol and ceased to retain full control, even to the slightest degree, over the faculties of mind or body.

You may consider testimony by any witness who personally observed (Def)_______________.  Relevant observations may include [his] [her] manner of driving or walking, [his] [her] speech, the condition of [his] [her] eyes, the odor of [his] [her] breath, and any other physical appearance or conduct which would reasonably tend to prove [his] [her] condition.  The witness making the observations need not have any special scientific training.  A layperson may testify about his or her observations, and the witness may express an opinion about the state of (Def)_______________’s sobriety.  It is up to you to judge the weight to be given any such testimony.