Experienced DUI Defense Attorney Contact Us Today to Move Forward with Your Case

Driving Under the Influence Jury Instruction

Vehicle Code section 23152(a) as defined by CALCRIM 2110

The defendant is charged Count 1 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:

1. The defendant drove a vehicle;

AND

2. When he or 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.

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.

An alcoholic beverage is a liquid or solid material intended to be consumed that contains ethanol. Ethanol is also known as ethyl alcohol, drinking alcohol, or alcohol. An alcoholic beverage includes __________ <insert type[s] of beverage[s] from Veh. Code, § 109 or Bus. & Prof. Code, § 23004, e.g., wine, beer>.]]

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.

If the People have 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, you may, but are not required to, conclude that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense.

In evaluating any test results in this case, you 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 an alcoholic beverage and/or a drug, then it is not a defense that something else also impaired his or her ability to drive.

Why Choose Our Firm?

Attorney Robert Tayac Puts a Long, Decorated Career to Work for You
  • Puts Over 20 Years of Experience Toward Your Case

  • Specialized Education in DUI Defense

  • Has Trained Other Attorneys in San Francisco

  • Former San Francisco Police Officer & Police Inspector

  • Certified by the SFPD on the Intoxilyzer 5000 Testing Device

  • Co-Authored the 4th Edition of California Drunk Driving Defense

  • Boasts a Successful Record Achieving the Best Result for His Clients

  • Takes the Time to Understand You & Your Case

Client Testimonials

  • “I got my life back on track because Robert understands people, and he is genuinely concerned for his clients.”

    Keith

  • “Co-Author of the "first word" in DUI Defense law in this state...”

    D.C., Attorney at Law

  • “You made me feel confident and reassured that all aspects of my case were being handled in a professional and efficient manner.”

    C.M.

  • “His guidance through the whole process during a difficult and emotional time was such a support. I highly recommend him. He is simply the best DUI attorney.”

    Former Client

  • “I am very happy with his professional expertise that he provided during this stressful time.”

    P.J.

Contact Us Today

Your Strong Defense Starts with a Case Evaluation
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.