CR30-156 05/24/23
DUI: UNDER INFLUENCE OF ANY OTHER DRUG, OR UNDER COMBINED INFLUENCE (SERIOUS BODILY INJURY) -- 23 V.S.A. §§ 1201(a)(3) and 1210(g)
The State has charged (Def)_______________ with [operating] [attempting to operate] [being in actual physical control of] a vehicle while [he] [she] was [under the influence of a drug other than alcohol] [under the combined influence of alcohol and another drug], with serious bodily injury resulting, as follows:
[Read the charge.]
Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,
(1) (Def)_______________;
(2) [operated] [attempted to operate] [was in actual physical control of] a vehicle;
(3) on a highway;
(4) at the time, (Def)_______________ was [under the influence of a drug other than alcohol]
[under the combined influence of alcohol and another drug], to a degree which rendered [him] [her] incapable of driving safely; and
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ [operated] [attempted to operate] [was in actual physical control of] a vehicle.
[The term operate, as applied to motor vehicles, includes driving, and it also includes an attempt to operate. The word operate covers all matters and things connected with the presence and use of motor vehicles on the highway, whether they are in motion or at rest. Operation may be shown by a person sitting behind the wheel of a motor vehicle, with the engine running. It may also be shown by a person attempting to move the vehicle, whether or not the engine is running.]
[An attempt to operate is included within the definition of operate. The State must have proven an open, physical act by (Def)_______________ coupled with an intent to operate the vehicle. You must distinguish between mere preparation and the actual start of the criminal conduct. An act is sufficient to be an attempt to commit the offense if the act is wilful and knowing, and if it progresses far enough to be the beginning of the crime. The act must be part of a series of events which would lead to the completion of the crime, if not interrupted. An act is done wilfully if it is done on purpose, and not inadvertently, because of mistake, or by accident. Here the State alleges that (Def)_______________ attempted to operate the vehicle, by (specific acts)_______________.]
[The term actual physical control means that (Def)_______________ was in a position to regulate the movement of the vehicle. Actual physical control may have existed whether or not the vehicle was moving, and whether or not the engine was running, if (Def)_______________ had the immediate ability to operate the vehicle.]
The term vehicle includes all vehicles propelled or drawn by power other than muscular power [except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices].
The third essential element is that the activity took place on a highway. The term highway is defined to include all parts of any roadway, street, bridge, culvert, [square, fairground] or other place open temporarily or permanently to public or general circulation of vehicles [and it also includes a way laid out under authority of law].
The fourth essential element is that, at the time, (Def)_______________ was [under the influence of a drug other than alcohol] [under the combined influence of alcohol and any other drug], to a degree which rendered [him] [her] incapable of driving safely.
A person is under the influence of drugs, or a combination of alcohol and other drugs, if [his] [her] full mental or physical abilities are impaired or affected by the drugs, or by the combination. You may consider testimony by any witness who personally observed (Def)_______________, and any witnesses may express an opinion about the degree to which (Def)_______________ appeared to be impaired. However, only an expert witness may state an opinion about the degree to which an impairment was caused by drugs, or by a combination of alcohol and other drugs. In other words, the State must have presented expert testimony to prove the connection between any symptoms observed and the influence of any drug. The State must have proven that, at the time (Def)_______________ [operated] [attempted to operate] [was in actual physical control of] a vehicle on a highway, (Def)_______________ was [under the influence of a drug other than alcohol] [under the combined influence of alcohol and another drug], to a degree which rendered [him] [her] incapable of driving safely.
The last essential element is that
(Def)_______________’s [operation of] [attempt to operate] [actual physical
control of] a vehicle while [he] [she] was [under the influence of a drug other
than alcohol] [under the combined influence of alcohol and another drug], to a
degree which rendered [him] [her] incapable of driving safely, caused serious
bodily injury to (victim)_______________. You must conclude that, but for (Def)_______________’s
[operation of] [attempt to operate] [actual physical control of] a vehicle
while [he] [she] was [under the influence of a drug other than alcohol]
[under the combined influence of alcohol and another drug], to a degree which
rendered [him] [her] incapable of driving safely, (victim)_______________’s injury would not have
occurred. The State must have proven that (Def)_______________’s acts produced serious
bodily injury to (victim)_______________ in a natural and continuous sequence,
unbroken by any efficient intervening cause. [An efficient intervening
cause would be an unexpected, independent force that broke the connection
between (Def)_______________’s acts and the resulting injury.]
Serious bodily injury means bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement. [The term bodily injury means physical pain, illness or any impairment of physical condition.]
All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.