UNDER THE INFLUENCE OF INTOXICATING LIQUOR

One is not necessarily under the influence of intoxicating liquor as a result of consuming it. The circumstances and effect on the particular individual must be considered. In making this determination, the question to be answered is whether, as a result of drinking intoxicating liquor, the individual’s physical or mental abilities were impaired, so that he was unable to conduct himself with the caution of a sober person of ordinary prudence under the same or similar circumstances.

Intoxication is no excuse for failure to act as a reasonably prudent person would act. A person who is intoxicated or under the influence of intoxicating liquor is held to the same standard of care as a sober person.

NEV J.I. 5.09

BAJI 5.42