Michigan DUI Jury Instructions

Elements of a DUI Prosecution

In a Michigan DUI (OWI) trial, the prosecution must prove several key elements beyond a reasonable doubt. These jury instructions outline the legal framework that determines guilt or innocence. Krupp Law Offices P.C. has defended hundreds of clients against these charges since 1962. Our attorneys understand how to challenge each element and protect your rights in court.

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Core Elements of OWI

1. Operation of a Motor Vehicle
   The defendant was driving or had actual physical control of the vehicle (e.g., seated behind the wheel with keys in the ignition).
2. Location
   The vehicle was operated on a highway or other place open to the public or generally accessible to motor vehicles.
3. Jurisdiction
   The incident occurred within the county or city of jurisdiction.
4. Intoxication Status
   The defendant was either:
   • Under the Influence of Alcohol: Because of drinking, the defendant’s ability to operate a vehicle in a normal manner was substantially lessened.
   • BAC Level: Operated the vehicle with a bodily alcohol level of 0.08% or higher (measured via breath, blood, or urine).

What Does "Under the Influence" Mean?

The law does not require the defendant to be "dead drunk" or unable to stand. However, smelling of alcohol or merely consuming alcohol is not enough. The prosecution must prove that alcohol significantly affected the defendant's mental or physical condition, impairing their ability to drive normally.