[3] 4 - Driving Under the Influence

Elements

To prove this charge, show that:

1. The accused drove or was in physical control of a vehicle.
2. The accused was impaired by alcohol, drugs or both.
3. Impairment affected safe driving.

Notes for officers

A field sobriety test and observed driving support the charge. A refusal is charged under 3.62. Repeat offences raise the penalty to the maximum range.