Vehicle Code Section 23152(e) contains two elements, “Driving” and being “Under the Influence” of a drug. Calcrim 2110 defines both of these elements for jurors.
Jury Instruction – Calcrim 2110
The defendant is charged [in Count ______ with driving under the influence of a drug or under the combined influence of an alcoholic beverage and a drug].
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant drove a vehicle;
2. When (he/she) drove, the defendant was under the influence of 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.
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 (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and 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 appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances.
It is not a defense that the defendant was legally entitled to use the drug.
If the defendant was under the influence of (an alcoholic beverage/ [and/or] a drug), then it is not a defense that something else also impaired (his/her) ability to drive.Back to DUI Practice Area