ILLINOIS DUI Jury Instructions from the Illinois Pattern Instructions

By Donald J. Ramsell

©2005 Ramsell & Associates, LLC

1-800-DIAL-DUI

23.15 Definition Of Driving Under The Influence Of Drugs

A person commits the offense of driving under the influence of drugs when he [ (drives) (is in actual physical control of) ] a vehicle while under the influence of any drug or combinations of drugs to a degree which renders such person incapable of safely driving.

23.16 Issues In Driving Under The Influence Of Drugs

To sustain the charge of driving under the influence of drugs, the State must prove the following propositions:

First Proposition: That the defendant [ (drove) (was in actual physical control of) ] a vehicle; and

Second Proposition: That at the time the defendant [ (drove) (was in actual physical control of) ] a vehicle, the defendant was under the influence of any drug or combination of drugs to a degree which rendered the defendant incapable of safely driving.

If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

23.17 Definition Of Driving Under The Combined Influence Of Alcohol And Drugs

A person commits the offense of driving under the combined influence of alcohol and drugs when he [ (drives) (is in actual physical control of) ] a vehicle while under the combined influence of alcohol and any other drug or drugs to a degree which renders such person incapable of safely driving.

23.18 Issues In Driving Under The Combined Influence Of Alcohol And Drugs

To sustain the charge of driving under the combined influence of alcohol and drugs, the State must prove the following propositions:

First Proposition: That the defendant [ (drove) (was in actual physical control of) ] a vehicle; and

Second Proposition: That at the time the defendant [ (drove) (was in actual physical control of) ] a vehicle, the defendant was under the combined influence of alcohol and any drug or drugs to a degree which rendered the defendant incapable of safely driving.

If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

23.19 Definition Of Driving With An Alcohol Concentration Of 0.08 Or More

A person commits the offense of driving with an alcohol concentration of 0.08 or more when he [ (drives) (is in actual physical control of) ] a vehicle while the alcohol concentration in such person's blood or breath is 0.08 or more.

23.20 Issues In Driving With An Alcohol Concentration Of 0.08 Or More

To sustain the charge of driving with an alcohol concentration of 0.08 or more, the State must prove the following propositions:

First Proposition: That the defendant [ (drove) (was in actual physical control of) ] a vehicle; and

Second Proposition: That at the time the defendant [ (drove) (was in actual physical control of) ] a vehicle, the alcohol concentration in the defendant's blood or breath was 0.08 or more.

If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

23.21 Definition Of Driving With A Drug, Substance, Or Compound In Blood Or Urine

A person commits the offense of driving with a drug, substance, or compound in blood or urine when he [ (drives) (is in actual physical control of) ] a vehicle while there is any amount of a drug, substance, or compound in his blood or urine resulting from the unlawful use or consumption of [ (cannabis) (a controlled substance) ].

23.22 Issues In Driving With A Drug, Substance, Or Compound In Blood Or Urine

To sustain the charge of driving with a drug, substance, or compound in blood or urine, the State must prove the following propositions:

First Proposition: That the defendant [ (drove) (was in actual physical control of) ] a vehicle; and

Second Proposition: That at the time the defendant [ (drove) (was in actual physical control of) ] a vehicle, there was any amount of a drug, substance, or compound in his blood or urine resulting from the unlawful use or consumption of [ (cannabis) ( , a controlled substance) ].

If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

23.28A Definition Of Proximate Cause In Aggravated Driving Under The Influence—Accident As Enhancing Factor

The term "proximate cause" means any cause which, in the natural or probable sequence, produced the [ (great bodily harm) (permanent disability) (disfigurement) ]. It need not be the only cause, nor the last or nearest cause. It is sufficient if it concurs with some other cause acting at the same time, which in combination with it, causes the [ (great bodily harm) (permanent disability) (disfigurement) ].

23.29 Definition Of Under The Influence Of Alcohol

A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care.

23.29 Definition Of Under The Influence Of Alcohol

A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care.