OPERATING A VEHICLE UNDER THE INFLUENCE

OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT–ALCOHOL IMPAIRMENT: H.R.S. § 291E-61(a)(1) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Operating a Vehicle Under the Influence of an Intoxicant. A person commits the offense of Operating a Vehicle Under the Influence of an Intoxicant if the person operates or assumes actual physical control of a vehicle while under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty. There are three material elements of the offense of Operating a Vehicle Under the Influence of an Intoxicant, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant operated or assumed actual physical control of a vehicle; and 2. That Defendant, at that time, was under the influence of alcohol in an amount sufficient to impair Defendant's normal mental faculties or ability to care for Defendant and guard against casualty; and 3. That Defendant acted intentionally, knowingly, or recklessly as to each of the foregoing elements. Notes H.R.S. §§ 291E-61(a)(1), 702-206(1), (2), and (3). For definition of states of mind, see instructions: For basis of the applicable state of mind, see HRS § 702- 204, 702-212 and State v. Carvalho, 58 Haw. 314, 568 P.2d 507 (1977). This issue was left open in State v. Young, 8 Haw. App. 145, 795 P.2d 285 (1990). For definitions of terms defined by H.R.S. Chapter 291E, see instructions: