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State v. Harrison12/29/1992
ex.Crim.App.1991) (en banc). This is apparently judicial shorthand for saying driving while intoxicated is a general intent crime and no specific mens rea is required to support a conviction. See State v. Young, 8 Haw. App. 145, 795 P.2d 285, cert. denied, 833 P.2d 901 (1990); 1 Richard E. Erwin et al., Defense of Drunk Driving Cases § 1.05 (3d ed. 1992).
Other courts interpreting similar legislation have specifically recognized DWI as a strict liability offense, especially where the crime is defined solely in terms of driving with a blood alcohol level in excess of a defined percentage. See, e.g., People v. Thorson, 145 Ill.App.3d 764, 99 Ill.Dec. 729, 496 N.E.2d 304 (1986); Burns v. State, 556 N.E.2d 955 (Ind.Ct.App.1990); City of Defiance v. Kretz, 60 Ohio St.3d 1, 573 N.E.2d 32 (1991). The Kansas Court of Appeals found that the fact the legislature failed to specify any intent requirement in defining the offense was an indication of legislative intent to impose strict liability:
We conclude by its omission of intent as an element in K.S.A.1984 Supp. 8-1567 our legislature intended driving while under the influence to be an absolute liability offense. Therefore, we reject defendant's complaints that the city failed to prove intent.
City of Wichita v. Hull, 11 Kan.App.2d 441, 724 P.2d 699, 702 (1986). As we have noted, Section 66-8-102 likewise contains no intent requirement and we also believe the legislature intended to create a strict liability offense. The State was therefore not required to prove that Defendant intended to drive. State v. Young, 795 P.2d at 290-91; State v. Superior Court, 153 Ariz. 119, 735 P.2d 149 (Ct.App.1987).
Conclusion.
We believe there was substantial evidence to support the district court's finding that Defendant was in control of a motor vehicle, and therefore, driving. In reviewing the language of the DWI statute, we also believe that the legislature drafted Section 66-8-102 in order to make the act of driving while intoxicated a crime, in and of itself, regardless of the intent of the accused. Based on the above, we hold that the offense of DWI is a strict liability crime. Defendant's conviction is affirmed.
IT IS SO ORDERED.
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