[The defendant is charged [in Count_________ ] with vehicular

manslaughter with ordinary negligence while intoxicated [in violation of Penal Code section 191.5(b)].]

<Introductory Sentence: Alternative B—Lesser Included Offense>

[Vehicular manslaughter with ordinary negligence while intoxicated is a lesser crime than the charged crime of gross vehicular manslaughter while intoxicated.]

To prove that the defendant is guilty of vehicular manslaughter with ordinary negligence while intoxicated, the People must prove that:

1.      The defendant (drove under the influence of (an alcoholic beverage/[or] a drug) [or under the combined influence of an alcoholic beverage and a drug]/drove while having a blood alcohol level of 0.08 or higher/ drove under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug] when under the age of 21/drove while having a blood alcohol level of 0.05 or higher when under the age of 21/ operated a vessel under the influence of (an alcoholic beverage/ [or] a drug) [or a combined influence of an alcoholic beverage and a drug]/operated a vessel while having a blood alcohol level of 0.08 or higher);

2.      While (driving that vehicle/operating that vessel) under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug], the defendant also committed (a/an)

(misdemeanor[,]/ [or] infraction[,]] /[or] otherwise lawful act that might cause death);

3.      The defendant committed the (misdemeanor[,]/ [or]