At Baby Prosecutor School, I heard that no intoxicant, whether it was alcohol or drugs, needs to be alleged in the information. In the charging manual it says to pick alcohol or drugs or both but I dont see an option to where we do not have to allege either. Can someone give me an example of the charge without either needing to be alleged?

that DEFENDANT, hereinafter styled Defendant, on or about DATE, and before the presentment of this INDICTMENT / INFORMATION, in the County and State aforesaid, did then and there operate a motor vehicle in a public place while the said Defendant was intoxicated.


That's the language that I've been using for the last couple years, without objection by the local defense bar. If someone else has a different format, I'd love to see it.

We too have been charging without describing the manner and means since the Ct of Criminal Appeal's case in Barbernell. No problems from Judges or Defense Attorneys.