Driving Under the Influence
California Vehicle Code §23152 (a)
- It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a motor vehicle.
California Criminal Jury Instruction
In order to gain a conviction under this DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) 16.830 and are as follows:
- A person drove a vehicle, and
- At the time, the driver was under the influence of any alcoholic beverage or any drug or under the combined influence of any alcoholic beverage and drug
Under the influence is further defined in CALJIC 16.831.
A person is under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug when as a result of drinking such alcoholic beverage and using a drug his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. If it is established that person is driving a motor vehicle under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug, it is no defense that there was some other cause which also tended to impair his/her ability to drive with the required caution.
Condition of the driver further defined and located in CALJIC 16.832.
The manner in which a vehicle is being driven is not sufficient in itself to establish that the driver of the vehicle either is or is not under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug. However, the manner in which the vehicle is being driven is a factor to be considered in light of all the proved surrounding circumstances in deciding whether the person operating the vehicle was or was not under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug.
Driving with Prohibited Blood Alcohol Concentration
California Vehicle Code §23152 (b)
- It is unlawful for any person who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
California Criminal Jury Instruction
In order to gain a conviction under this DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) 16.830.1 and are as follows:
- A person drove a vehicle, and
- At the time, the driver had .08 percent or more, by weight, of alcohol in his/her blood.
<< Return to DUI Laws
|
