Prosecution DUI Elements – California Vehicle Code 23152
The following is what the prosecuting attorney must prove and the instructions that the Jury will read in determining the verdict for the specific DUI:
DUI – Driving Under the Influence with 0.08% BAC – California Vehicle Code Section 23152(b)
The defendant is charged with driving with a blood alcohol level of 0.08 percent or more in violation of Vehicle Code section 23152(b).
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant drove a vehicle; AND
- When (he/she) drove, the defendant’s blood alcohol level was 0.08 percent or more by weight.
DUI – Driving Under the Influence of Alcohol or a Drug – California Vehicle Code Section 23152(a)
The defendant is charged with driving under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug] in violation of Vehicle Code section 23152(a).
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant drove a vehicle; AND
- When (he/she) drove, the defendant was under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug].
A person is under the influence if, as a result of (drinking [or consuming] 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.