The elements of driving under the influence (DUI) are the same in most jurisdictions. Which
of the following is NOT one of these typical
elements?

A. The operation occurred while the defendant
was either under the influence of an intoxicant, narcotic, or hallucinogenic to the
extent that his or her normal faculties were impaired

B. When an auto accident results, the
defendant failed to render assistance to any persons injured and give immediate notice of the accident to the police.

C. The defendant operated a motor vehicle upon a roadway within the jurisdiction of
the court.

D. The operation occurred while the defendant
was driving with a blood or breath alcohol
concentration above a prohibited level