Driving Under the Influence
To prove that a defendant is guilty of driving under the influence,
the prosecution must prove that:
(1) the defendant drove a vehicle, AND
(2) when he or she drove, the defendant was under the influence
of an alcoholic beverage and / or a drug.
A person is under the influence if, as a result of drinking an alcoholic
beverage and / or taking a drug, his or her mental or physical abilities
are so impaired that he or she is no longer able to drive a vehicle
with the caution of a sober person, using ordinary care, under similar
circumstances. The manner in which a person drives is not enough
by itself to establish whether the person is or is not under the
influence of alcoholic or drugs. However, it is a factor to be considered,
in light of all the surrounding circumstances, in deciding whether
a person was under the influence. If the prosecution has proved
beyond a reasonable doubt that the defendant’s blood alcohol level
was 0.08 percent or more at the time of the chemical analysis, the
jury may, but is not required to, conclude that the defendant was
under the influence at the time of the alleged offense. In evaluating
any test results in a DUI case, the jury may consider whether or
not the person administering the test, or the agency maintaining
the testing device, followed the regulations of the California Department
of Health Services. It is not a defense that the defendant was legally
entitled to use the drug. If the defendant was under the influence
of alcohol and / or drugs, then it is not a defense that something
else also impaired his or her ability to drive. (CALCRIM No. 2110;
Cal. Vehicle Code §23152)
There are many different types of DUI cases. The specific crime
charged will depend on the facts and circumstances of each case,
the defendant’s prior record, and the prosecution’s theory of the
case. The elements explained above only relate to the basic crime
of driving under the influence and are meant to provide general
information regarding some of the most common issues presented in
such cases.
Driving under the influence is a very common crime with potentially
serious consequences for those convicted. If you have been arrested
for DUI, you need an experienced attorney to assist you at every
stage of the process. The sooner you retain private counsel, the
better off you are. Do not delay! Contact our office and speak with
one of our experienced California criminal defense attorneys today.
Consultations are always free!
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