SEQ CHAPTER \h \r 1CR30-171 04/22/03

DRIVING WHILE UNDER THE INFLUENCE (PREVIOUS CONVICTION)

23 V.S.A. § 1201(a)(2) and § 1210(c)

[Introduction to second phase of bifurcated proceeding.]

Members of the jury:

In view of your verdict finding (Def)_______________ guilty of the charge of driving while under the influence of intoxicating liquor, or DUI, I will now tell you about a second aspect to this case.  The State has charged that (Def)_______________ has been previously convicted of DUI, and that the crime of DUI for which you have just found (Def)_______________ guilty is in fact a second or subsequent offense.

Accordingly, the State has alleged that (Def)_______________ was previously convicted of driving while under the influence of intoxicating liquor on (date)_______________.  To be convicted of a crime means to be found guilty and sentenced.

To this portion of the charge, (Def)_______________ has pled not guilty and puts the State to its proof on this part of the case.

[Closing jury instructions, following presentation of evidence, in the second phase of trial.]

Members of the jury:

Now that you have heard evidence on the second part of the case, it is time for you to deliberate whether to find (Def)_______________ guilty or not guilty, under the instructions I gave you previously.

To establish (Def)_______________’s guilt as a subsequent offender, the State must have proven beyond a reasonable doubt:

(1)  that (Def)_______________ was convicted of driving while under the influence of intoxicating liquor on (earlier date)_______________.  You may consider any official records which have been introduced as evidence that [he] [she] was so convicted.  You may also consider any other evidence as to the element of conviction.

(2)  that the (Def)_______________ you see before you today is the same person who was previously convicted of the offense of driving while under the influence of intoxicating liquor.

If you are persuaded beyond a reasonable doubt that the State has proven these essential elements, then you must return a verdict of guilty.  If, however, you are not persuaded beyond a reasonable doubt that the State has proven the essential elements of being a subsequent offender, then you must return a verdict of not guilty.