In order to be found guilty of Operating Under the Influence
the State must prove beyond a reasonable doubt ("almost certainly
true") the following facts:
1. That you operated or attempted to operate a motor
vehicle.
2. At the time of operation you were either
(a) under the influence of intoxicants;
or
(b) you had a blood alcohol content of .08% or more.
Note: If you refused to take a chemical test
evidence of that refusal is admissible against you in Court on the
issue of whether or not you were under the influence at the time
you were driving.
What is operation? - The usual meaning of
operation is to manipulate the machinery of the motor vehicle so
that the power of the motor is applied to the wheels.
What is a motor vehicle? - A self-propelled
vehicle not operated exclusively on tracks. An ATV is a motor
vehicle if operated on a public way. A snowmobile is not a motor
vehicle.
What does under the influence mean? - When a
person's mental or physical facilities are impaired to the
slightest degree.
