Proposed Jury Instructions for Unlawful
Driving of a Vehicle Under the Influence

NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).

    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Felonious Driving With A Blood Alcohol Concentration Of ten Hundredths Of One Percent Causing The Death Of Another Person, you may find ______________________________ guilty as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Felonious Driving With A Blood Alcohol Concentration Of Ten One Hundredths Of One Percent Causing The Death Of Another Person, you shall find the Defendant ______________________________ not guilty.

    Unlawful Driving Under The Influence Causing Bodily Injury to Another Person is committed when any person drives a vehicle in this State while he is under the influence of alcohol and when so driving does any act forbidden by law or fails to perform any duty imposed by law in driving such vehicle, which act or failure proximately causes bodily injury to any person other than himself.
    Driving Under The Influence Of Alcohol is committed when any person drives a vehicle in this State while he is under the influence of alcohol
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Felonious Driving Under The Influence Causing The Death Of Another Person, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      while under the influence of alcohol
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit:
     _{describe act} _________________________________________________________)

    (and when so driving such vehicle, the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} _____________________________________ )
7.      in a reckless disregard for the safety of others,
8.      which (act) (failure) proximately caused the death of    _victim ___________________,
9.      And the Defendant's being under the influence of alcohol contributed to the death of ___________________________, which death occurred within one year next following such act or failure.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Felonious Driving Under The Influence Causing The Death Of Another Person, you may find ______________________________ guilty of Felonious Driving Under The Influence Causing The Death Of Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Felonious Driving Under The Influence Causing The Death Of Another Person, you shall find the Defendant ______________________________ not guilty of Felonious Driving Under The Influence Causing The Death Of Another Person (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Driving Under The Influence Causing The Death Of Another Person, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:

1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      while under the influence of alcohol
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit:
     _{describe act} ___________________________________________________________) (and when do driving such vehicle, the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} _____________________________________________)
7.      which (act) (failure) proximately caused the death of    _victim __________________,
8.      which death occurred within one year next following such act or failure.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving Under The Influence Causing The Death Of Another Person, you may find ______________________________ guilty of Unlawful Driving Under The Influence Causing The Death Of Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving Under The Influence Causing The Death Of Another Person, you shall find the Defendant ______________________________ not guilty of Unlawful Driving Under The Influence Causing The Death Of Another Person, (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      while under the influence of alcohol
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit:
     _{describe act} ___________________________________________________________) (and when so driving such vehicle, the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} ______________________________________)
7.      which (act) (failure) proximately caused bodily injury to _victim _________________,
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person, you may find ______________________________ guilty of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person, you shall find the Defendant ______________________________ not guilty OF Unlawful Driving Under The Influence Causing Bodily Injury To Another Person, (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Driving Under The Influence, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2_____,
4.      drove a vehicle,
5.      while under the influence of alcohol
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Driving Under The Influence, you may find ______________________________ guilty of Driving Under The Influence as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Driving Under The Influence, you shall find the Defendant ______________________________ not guilty.

    The offense charged in Count _____ of the Indictment in this case is Felonious Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person. One of five verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Felonious Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person; (2) guilty of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person; (3) guilty of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent By Weight, Causing Bodily Injury To Another Person; (4) guilty of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent By Weight,; and (5) not guilty.
    Felonious Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent By Weight Causing The Death Of Another Person is committed when any person drives a vehicle in this State where he has a blood alcohol concentration in his blood of ten hundredths of one percent, by weight, and when so driving does any act forbidden by law or fails to perform any duty imposed by law in driving such vehicle in reckless disregard of the safety of others, which act or failure proximately causes the death of any person, and the influence of alcohol is shown to be a contributing cause to the death, which death occurred within one year next following such act or failure.
    Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight Causing The Death Of Another Person is committed when any person drives a vehicle in this State while he has a blood alcohol concentration in his blood of ten hundredths of one percent, by weight, and when so driving does any act forbidden by law or fails to perform any duty imposed by law in driving such vehicle, which act or failure proximately causes the death of any person which death occurred within one year next following such act or failure.
    Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing Bodily Injury to Another Person is committed when any person drives a vehicle in this State where he has a blood alcohol concentration in his blood of ten hundredths of one percent, by weight, and when so driving does any act forbidden by law or fails to perform any duty imposed by law in driving such vehicle , which act or failure proximately causes bodily injury to any person other than himself.
    Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, is committed when any person drives a vehicle in this State where he has a blood alcohol concentration in his blood of ten hundredths of one percent, by weight.
    Evidence that there was at that time ten hundredths of one percent or more by weight of alcohol in the blood of the accused may be considered as prima facie evidence that the person was under the influence of alcohol.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Felonious Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight Causing The Death Of Another Person, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      where he had a blood alcohol concentration of ten hundredths of one percent, by weight in his blood,
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit: _{describe act} ____________________________________________________)
    (and when do driving such vehicle, the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} __________________________________ )
7.      in a reckless disregard for the safety of others,
8.      which (act) (failure) proximately caused the death of
    _victim ____________________________________________,
9.      and the Defendant's being under the influence of alcohol contributed to the death of _victim _____________________________________, which death occurred within one year next following such act or failure.
    If after impartially considering, weighing and comparing all the evidence, (both that

of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Felonious Driving Under The Influence Causing The Death Of Another Person, you may find ______________________________ guilty of Felonious Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Felonious Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person, you shall find the Defendant ______________________________ not guilty of Felonious Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person, (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person, the State of West Virginia must overcome the presumption that the Defendant, ___________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      Where he had a blood alcohol concentration of ten hundredths of one percent, by weight in his blood,

6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to- wit:     _{describe act} ___________________________________________________) (and when so driving such vehicle , the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} _________________________________)
7.      which (act) (failure) proximately caused the death of    _victim _________________
8.      which death occurred within one year next following such act or failure.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person, you may find the Defendant ______________________________, guilty of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person, you shall find the Defendant ______________________________ not guilty Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Death Of Another Person (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing Bodily Injury To Another Person, the State of West Virginia must overcome the presumption that the Defendant, _____________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      while he had a blood alcohol concentration of ten hundredths of one percent, by weight, in his blood
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit: _{describe act} ____________________________________________________)     (and when so driving such vehicle, the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} _________________________________)
7.      which (act) (failure) proximately caused bodily injury to
    _victim ______________________________________________,
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing Bodily Injury To Another Person, you may find ______________________________ guilty of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing Bodily Injury To Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing Bodily Injury To Another Person, you shall find the Defendant ______________________________ not guilty Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing Bodily Injury To Another Person (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      while he had a blood alcohol concentration of ten hundredths of one percent, by weight, in his blood
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, you may find ______________________________ guilty of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to

any one or more of these elements of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, you shall find the Defendant ______________________________ not guilty.

doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Driving Under The Influence Causing The Death Of Another Person, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      while under the influence of alcohol
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit:
     _{describe act} _________________________________________________________)
    (and when so driving such vehicle, the Defendant failed to perform a duty imposed by law ,to-wit: _{describe duty failed} __________________________________________ )
7.      which (act) (failure) proximately caused the death of    _victim ____________,
8.      which death occurred within one year next following such act or failure.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving Under The Influence Causing The Death Of Another Person, you may

find ______________________________ guilty of Unlawful Driving Under The Influence Causing The Death Of Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving Under The Influence Causing The Death Of Another Person, you shall find the Defendant ______________________________ not guilty of Unlawful Driving Under The Influence Causing The Death Of Another Person (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____
4.      drove a vehicle,
5.      while under the influence of alcohol
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit:
     _{describe act} ________________________________________________________) (and when so driving such vehicle, the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} ___________________________________________)
7.      which (act) (failure) proximately caused bodily injury to _victim __________________,
    If after impartially considering, weighing and comparing all the evidence, (both that

of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person, you may find ______________________________ guilty of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person, you shall find the Defendant ______________________________ not guilty of Unlawful Driving Under The Influence Causing Bodily Injury To Another Person (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Driving Under The Influence, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      while under the influence of alcohol.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Driving Under The Influence, you may find _________________________ guilty of

Driving Under The Influence as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Driving Under The Influence, you shall find the Defendant _____________ not guilty.

1.      W.Va. Code §17C-5-2(a).W.Va. Code §17C-5-2(c)
2.      W.Va. Code §17C-5-8.
3.      W.Va. Code §17C-1-1 et seq., "Definitions".
4.      State v. Conrad, 187 W.Va. 658, 421 S.E. 2d 41 (1992); State v. Bartlett, 177 W.Va. 663, 355 S.E. 2d 913 (1987); State v. Ball, 164 W.Va. 588, 264 S.E. 2d 844 (1980); State v. Dyer, 160 W.Va. 166, 233 S.E. 2d 309 (1977); State v. Byers, 159 W.Va. 596, 224 S.E. 2d 726 (1976); State v. Hood, 155 W.Va. 337, 184 S.E. 2d 334 (1971).
5.      State v. Blankenship, 480 S.E. 2d 178 (W.Va. 1996). This case distinguished the statutory crimes of Driving Under The Influence and Driving With A Blood Alcohol Content Of Ten One Hundredths Of One Percent.

    The offense charged in Count _____ of the Indictment in this case is Unlawful Driving With A Blood Alcohol Concentration Of Ten One Hundredths Of One Percent By Weight Causing The Death Of Another Person. One of two verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Unlawful Driving With A Blood Alcohol Concentration Of Ten One Hundredths Of One Percent By Weight Causing The Death Of Another Person; (2) not guilty.
    Unlawful Driving With A Blood Alcohol Concentration Of Ten One Hundredths Of One Percent By Weight Causing The Death Of Another Person is committed when any person drives a vehicle in this State while he has a blood alcohol concentration in his blood of ten one hundredths of one percent by weight and when so driving does any act forbidden by law or fails to perform any duty imposed by law in driving such vehicle, which act or failure proximately causes the death of any person, and the influence of alcohol is shown to be a contributing cause to the death, which death occurred within one year next following such act or failure.
    Evidence that there was at that time ten hundredths of one percent or more by weight of alcohol in the blood of the accused may be considered as prima facie evidence that the person was under the influence of alcohol.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Unlawful Driving With A Blood Alcohol Concentration Of Ten One Hundredths Of One Percent By Weight Causing The Death Of Another Person, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 2____,
4.      drove a vehicle,
5.      (while he had a blood alcohol concentration in his blood of ten hundredths (0.10%) of one percent or more, by weight),
6.      (and when so driving such vehicle, the Defendant did an act forbidden by law to-wit: _{describe act} _________________________________________________________) (and when do driving such vehicle, the Defendant failed to perform a duty imposed by law, to-wit: _{describe duty failed} ____________________________________________)
7.      which (act) (failure) proximately caused the death of _victim __________________
8.      which death occurred within one year next following such act or failure.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving With A Blood Alcohol Concentration Of ten Hundredths Of One Percent By Weight Causing The Death Of Another Person, you may find ______________________________ guilty as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving With A Blood Alcohol Concentration Of Ten One Hundredths Of One Percent By Weight Causing The Death Of Another Person, you shall find the Defendant ______________________________ not guilty.

    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, you may find _________________________ guilty of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight,, you shall find the Defendant _____________ not guilty.

    (and when do driving, the Defendant failed to perform a duty imposed by law,
    to-wit: _{describe duty failed} ___________________________________________________ )
7.      in a reckless disregard for the safety of others,
8.      which (act) (failure) proximately caused the Bodily Injury To
    _victim ____________________________________________,
9.      and the Defendant's being With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, contributed to the Bodily Injury To _victim _____________________________________.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Bodily Injury To Another Person, you may find ______________________________ guilty of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Bodily Injury To Another Person as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Unlawful Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, Causing The Bodily Injury To Another Person, you shall find the Defendant ______________________________ not guilty (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight,, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      drove a vehicle,
5.      while With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, you may find _________________________ guilty of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight, as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Driving With A Blood Alcohol Concentration Of Ten Hundredths Of One Percent, By Weight,, you shall find the Defendant _____________ not guilty.

    The offense charged in Count _____ of the Indictment in this case is Second Offense Driving Under The Influence. One of three verdicts may be returned by you under this Count of the Indictment. They are: (1) guilty of Second Offense Driving Under The Influence; (2) guilty of Driving Under The Influence and (3) not guilty.
    Second Offense Driving Under The Influence Of Alcohol is committed when any person drives a vehicle in this State while he is under the influence of alcohol or where he has an alcohol concentration in his blood of ten hundredths of one percent or more, by weight, having been once previously convicted of driving under the influence.
    Driving Under The Influence Of Alcohol is committed when any person drives a vehicle in this State while he is under the influence of alcohol or where he has an alcohol concentration in his blood of ten hundredths of one percent or more, by weight.
    Evidence that there was at that time ten hundredths of one percent or more by weight of alcohol in the blood of the accused may be considered as prima facie evidence that the person was under the influence of alcohol.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant, ______________________________ is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant, ______________________________ can be convicted of Second Offense Driving Under The Influence, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      drove a vehicle,
5.      (while under the influence of alcohol)
(while he had an alcohol concentration in his blood of ten hundredths (0.10%) of  one percent or more, by weight).
6.      and the Defendant ______________________________ was previously convicted of Driving Under The Influence on the _____ day of _______________, 199__.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Second Offense Driving Under The Influence, you may find ______________________________ guilty of Second Offense Driving Under The Influence as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Second Offense Driving Under The Influence, you shall find the Defendant ______________________________ not guilty (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Driving Under The Influence, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      drove a vehicle,
5.      (while under the influence of alcohol)
(while he had an alcohol concentration in his blood of ten hundredths (0.10%) of     one percent or more, by weight).
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Driving Under The Influence, you may find ______________________________ guilty of Driving Under The Influence as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Driving Under The Influence, you shall find the Defendant ______________________________ not guilty.

______________________________ guilty of Third Offense Driving Under The Influence as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Third Offense Driving Under The Influence, you shall find the Defendant ______________________________ not guilty (and deliberate on the lesser included offense as hereinafter instructed).
    Before the Defendant, ______________________________ can be convicted of Second Offense Driving Under The Influence, the State of West Virginia must overcome the presumption that the Defendant, ______________________________ is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      drove a vehicle,
5.      (while under the influence of alcohol)
(while he had an alcohol concentration in his blood of ten hundredths (0.10%) of     one percent or more, by weight).
6.      and the Defendant ______________________________ was previously convicted of Driving Under The Influence on the _____ day of _______________, 199__.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Second Offense Driving Under The Influence, you may find ______________________________ guilty of Second Offense Driving Under The Influence as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Second Offense Driving Under The Influence, you shall find the Defendant ______________________________ not guilty (and deliberate on the lesser included offense as hereinafter instructed).
1.      The Defendant, ______________________________,
2.      in __________________ County, West Virginia,
3.      on or about the _____ day of ________________, 199__,
4.      drove a vehicle,
5.      (while under the influence of alcohol)
(while he had an alcohol concentration in his blood of ten hundredths (0.10%)     of one percent or more, by weight).

6.      upon a public highway
7.      of the State of West Virginia
8.      when his privilege to operate a motor vehicle
9.      had been lawfully suspended.
    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of Driving A Motor Vehicle While License Or Privilege To Operate A Motor Vehicle Has Been Lawfully Suspended, you may find ______________________________ guilty as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of Driving A Motor Vehicle While License Or Privilege To Operate A Motor Vehicle Has Been Lawfully Suspended you shall find the ____________________________________ not guilty.

1.      W.Va. Code §17B-4-3.
2.      State v. Cole, 180 W.Va. 412, 376 S.E. 2c 618 (1988).
3.      State v. Morris, 187 W.Va. 737, 421 S.E. 2d 488 (1992).

    The offense charged in Count _____ of the Indictment in this case is (Driving) (Moving) A Vehicle In An Unsafe Condition. One of two verdicts may be returned by you under this Count of the Indictment. They are (1) guilty of (Driving) (Moving) A Vehicle In An Unsafe Condition; and (2) not guilty.
    (Driving) (Moving) A Vehicle In An Unsafe Condition is committed when any person drives or moves on any highway any vehicle or combination of vehicles which are in such unsafe condition as to endanger any person.
    The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt and the Defendant is not required to prove himself innocent. He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
    Before the Defendant can be convicted of (Driving) (Moving) A Vehicle In An Unsafe Condition, the State of West Virginia must overcome the presumption that the Defendant is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that:
1.      The Defendant, __________________________________,
2.      in ________________ County, West Virginia,
3.      on or about the _____ day of ___________________, 2___,
4.      did (drive) (move)
5.      On any highway
6.      Any (vehicle) (combination of vehicles) to-wit: _________________________
7.      Which (is) (are) in an unsafe condition
8.      As to endanger any person

    If after impartially considering, weighing and comparing all the evidence, (both that of the State and that of the Defendant) the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of (Driving) (Moving) A Vehicle In An Unsafe Condition, you may find ___________________ guilty as charged. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or more of these elements of (Driving) (Moving) A Vehicle In An Unsafe Condition, you shall find _________________________ not guilty.

1.      W.Va. Code §17C-15-1