Driving Under the Influence (DUI/DWI)

DUI/DWI JURY CHARGE

MEMBERS OF THE JURY:

The defendant, AB, stands charged by information with the offense of driving while intoxicated alleged to have been committed on or about [date], in Harris County, Texas. To this charge, the defendant has pleaded not guilty.

 

 1.

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

 

 2.

“Intoxicated” means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more.

 

“Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.

 

“Drug” means a substance, other than a device or a component, part, or accessory of a device, that is _ (recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary; intended for use in the diagnosis, cure, mitigation, treatment, or pre­ vention of disease in man or animals; intended to affect the structure or function of the body of man or animals but is not food; intended for use as a component of a substance described in this definition).

 

“Dangerous drug” means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of the Texas Controlled Substances Act. The term includes a device or a drug that bears or is required to bear the legend:
(“Caution: federal law prohibits dispensing without prescription” or “Rx only” or another legend that complies with federal law; “Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian”).

 

“Alcohol concentration” means the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.

 

“Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

 

“Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

 

 3.

Now, if you find from the evidence beyond a reasonable doubt that on or about [date], in Harris County, Texas, the defendant, AB,(insert language of information), then you will find the defendant guilty of the offense of driving while intoxicated as charged in the information.

 

Unless you so find beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant and say by your verdict “Not Guilty.”

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