The state accuses the defendant of having committed the offense of driving while intoxicated with a child passenger.

Relevant Statutes

A person commits the offense of driving while intoxicated with a child passenger if the person is intoxicated while operating a motor vehicle in a public place with a child passenger.

[Include the following if raised by the evidence.]

If a person by the use of medication renders himself more susceptible to the influence of alcohol than he otherwise would have been and by reason thereof became intoxicated from recent use of alcohol, he would be in the same position as though his intoxication was produced by the use of alcohol alone.

[Include the following if raised by the evidence.]

[Substance] is a [controlled substance/drug/dangerous drug].

Definitions

Public Place

“Public place” means any place to which the public or a substantial group of the public has access. The term includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Intoxicated

“Intoxicated” means either (1) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (2) having an alcohol concentration of 0.08 or more.

Alcohol Concentration

“Alcohol concentration” means the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.

Motor Vehicle

“Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

1. the defendant operated a motor vehicle in [county] County, Texas, on or about [date]; and
2. the defendant did this in a public place; and
3. the defendant did this while intoxicated, by either—
   1. not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or a combination of two or more of those substances into the body; or
   2. having an alcohol concentration of 0.08 or more; and
4. the motor vehicle was occupied by a passenger who was younger than fifteen years of age on the date listed in element 1 above.

You must all agree on elements 1, 2, 3, and 4 listed above, but you do not have to agree on the method of intoxication listed in elements 3.a and 3.b above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, and 4 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the four elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]