The circumstances and effect must be considered. Whether a person was under the influence of an alcoholic beverage at a certain time is an issue for you to decide. Whether a person involved in an accident was then intoxicated or under the influence of an alcoholic beverage is an issue for you to consider in determining whether such person was negligent. A person is not necessarily intoxicated or under the influence of an alcoholic beverage as a result of taking one or more drinks. The circumstances and the effect must be considered.
Intoxication is no excuse for failure to act as a reasonably prudent person.
A person who is intoxicated or under the influence of an alcoholic beverage is held to the same standard of care as a sober person. While it is the duty of both the driver of a motor vehicle and a pedestrian, using a public roadway, to exercise ordinary care, that duty does not require necessarily the same amount of caution from each. The driver of a motor vehicle, when ordinarily careful, will be alertly conscious of the fact that in the driver's charge is a machine capable of projecting into serious consequences any negligence of the driver. Thus the driver's caution must be adequate to that responsibility as related to all the surrounding circumstances. A pedestrian, on the other hand, has only such person's own physical body to manage and with which to set in motion a cause of injury.