The phrase "under the influence of intoxicating liquor" is a flexible term. The mere fact that the driver of a motor vehicle may have consumed intoxicating liquor does not necessarily render the driver "under the influence of intoxicating liquor." The circumstances and effect must be considered.
On the other hand, the driver need not be intoxicated or in a state of drunkenness to be "under the influence of intoxicating liquor." This expression covers not only all the well-known and easily recognized conditions and degrees of intoxication, but also any abnormal mental or physical condition which is the result of drinking intoxicating liquor and which tends to deprive a driver of that clearness of intellect or control which the driver would otherwise possess. Whether the Defendant was "under the influence of intoxicating liquor" is a question of fact for you to determine.
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