Which of the following is NOT an element of proof for the offense of murder?

In the context of murder, the elements of proof typically include intentionality, causation, and the circumstances surrounding the act. The first three choices directly relate to these necessary elements for establishing a case of murder.

Intent to kill is crucial, as murder generally involves a deliberate intention to take a life. Causing the death of an individual is also fundamental, as murder legally requires that the defendant's actions resulted directly in someone's death. Premeditation refers to the defendant's planning or forethought prior to committing the act, which can elevate the severity of the charge to capital murder in some jurisdictions.

However, causing a death by driving while intoxicated does not encompass the specific mens rea (mental state) typically necessary for murder charges. In many legal frameworks, D.W.I. might lead to charges of manslaughter or vehicular homicide rather than murder, because it often lacks the intentionality and deliberation associated with murder. Thus, this option does not fit within the standard elements required to prove murder.