28.1(a) DRIVING UNDER THE INFLUENCE CAUSING [OR CONTRIBUTING TO CAUSING] PROPERTY DAMAGE OR INJURY

To prove the crime of Driving Under the Influence Causing [or Contributing to Causing] [Property Damage] [Injury], the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove [or was in actual physical control of] a vehicle.

2. While driving [or in actual physical control of] the vehicle, (defendant)

Give 2a or 2b or both as applicable.

was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.

had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

3. As a result of operating the vehicle, (defendant) caused [or contributed to causing] [damage to the property of (victim)] [injury to the person of (victim)].

Give a. or b. or both if applicable. § 316.193(4), Fla. Stat.

If you find the defendant guilty of Driving Under the Influence Causing [or Contributing to Causing] [Property Damage] [Injury], you must also determine whether the State proved beyond a reasonable doubt that:

a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving [or in actual physical control of] the vehicle.

b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the crime.

*§ 316.193(6)(b), Fla. Stat. and *§ 316.193(6)(c), Fla. Stat.

See Comments regarding issue of whether a jury finding is required. The following instruction is suggested if the judge determines a jury finding required. The State’s allegation of a prior conviction should not be read to the jury, and the trial must be bifurcated if a jury finding is required. Note: BUI and out-of-state DUI/DWI convictions count as prior convictions. See §316.193(6), Fla. Stat.

Now that you have found the defendant guilty of Driving Under the Influence, you must further determine whether the State proved beyond a reasonable doubt that the defendant was previously convicted of [Driving Under the Influence] [(insert qualifying conviction(s))] and that the DUI for which you just found the defendant guilty was committed within [5 years] [10 years] after the date of a prior conviction.