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DUI Prosecution – california vehicle code 23152(a)

Driving under the influence California Vehicle Code Section 23152(a)

To prove that the defendant was driving under the influence of a drug or alcohol, the prosecution must prove that:

  1. The defendant drove a vehicle; and
  2. When the defendant drove, the defendant was under the influence of an alcoholic beverage and/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 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 by itself is not enough to establish whether the person is or is not under the influence of an alcoholic beverage or a drug. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether the person was under the influence.

A “drug” is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would significantly impair his or her ability to drive as an ordinarily cautious person.

Driving under the influence Prosecution California Vehicle Code Section 23152(b)

Driving With a Blood Alcohol Level of 0.08 or greater California Vehicle Code Section 23152(b)

To prove that the defendant is guilty of DUI with a BAC of 0.08% or higher, the prosecution must prove that:

  1. The defendant drove a vehicle;AND
  2. When (he/she) drove, the defendant’s blood alcohol level was 0.08 percent or more by weight.

California Vehicle Code Section 23152(b) states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level or more.