Haw. Code R. § 7-9-8 - Disorderly, drunkenness; incapacitating oneself for performance of duties through prior indulgence in intoxicating liquors

(a) A model specification of the offense of disorderly, drunkenness; incapacitating oneself for performance of duties through prior indulgence in intoxicating liquors shall be as follows:

"In that _____________________ was, (at) (on board) _____________________, on or about _____________________ 19__, as a result of the previous indulgence in intoxicating liquor (drugs), incapacitated for the proper performance of his/her duties, to wit: _____________________."

(b) The elements of the offense of disorderly, drunkenness; incapacitating oneself for performance of duties through prior indulgence in intoxicating liquors shall be as follows:

(1) That the accused had certain duties to perform, as alleged;

(2) That, at the time and place alleged, the accused was incapacitated for the proper performance of those duties;

(3) That the incapacitation was the result of previous indulgence in intoxicating liquor or drugs, or both;

(4) That the accused knew or should reasonably have known prior to the time of the accused's incapacitation that the accused had those duties to perform; and

(5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces.

Notes

Haw. Code R. § 7-9-8

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-155, 124A-171) (Imp: HRS § 124A-155)