UJI 14-4508. Aggravated driving while under influence of alcohol or drugs and refusing to submit to chemical testing; essential elements.1

For you to find the defendant guilty of aggravated driving while under the influence of [intoxicating liquor] [or] [drugs] [as charged in Count ________]2, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant operated a motor vehicle3; 2. At that time the defendant was under the influence of [intoxicating liquor; that is, as a result of drinking liquor the defendant was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public;]4 [or] [drugs to such a degree that the defendant was incapable of safely driving a vehicle;] 3. The defendant refused to submit to chemical testing5; 4. This happened in New Mexico, on or about the ________ day of ____________, ________.