Kentucky Supreme Court January 25, 2001, 1999-SC-0693-DG (Evans v. Commonwealth)

LAMBERT, Chief Justice.

We granted discretionary review to decide whether a single jury instruction allowing a DUI conviction under alternative theories of criminal liability contained in the DUI statute, KRS 189A.010(1), is improper if no separate findings are made as to each of the means of commission of the offense.

The facts giving rise to this issue are as follows.