OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT--DRUG IMPAIRMENT

OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT--DRUG IMPAIRMENT: H.R.S. § 291E-61(a)(2) [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 any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner. 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 any drug that impaired Defendant's ability to operate a vehicle in a careful and prudent manner; and 3. That Defendant acted intentionally, knowingly, or recklessly as to each of the foregoing elements. Notes H.R.S. §§ 291E-61(a)(2), 702-206(1), (2), and (3). For definition of state of mind, see instructions: For basis of the applicable state of mind, see HRS § 702- 204, State v. Carvalho, 58 Haw. 314, 568 P.2d 507 (1977). For definitions of terms defined by H.R.S. Chapter 291E, see instructions: