| "Under the Influence" | | | | Note: California can charge and convict the DUI |
| There are two different types of DUI offenses that | | | | offender of both the "(a)" and "(b)" counts, however |
| may be charged, depending on whether the person | | | | one can only be punished for one, not both. |
| had a blood alcohol content below .08 percent or at or | | | | "Under the influence" is defined as: If the evidence |
| above the .08 percent. BAC is measured by the | | | | establishes beyond a reasonable doubt that at the |
| grams of alcohol per 100 milliliters of blood or grams of | | | | time of the chemical analysis of the defendant's blood, |
| alcohol per 210 liters of breath. BAC is tested by way | | | | breath, or urine, there was 0.08 percent or more by |
| of blood tests or by breath tests which use fuel cell | | | | weight of alcohol in the defendant's blood, the trier of |
| and infrared technology. | | | | fact may, but need not, infer that the defendant was |
| BAC below .08 percent | | | | under the influence of an alcoholic beverage at the |
| A BAC below the per se legal driving limit of .08 | | | | time of the alleged offense. |
| percent can be charged as a violation of California | | | | Sufficiency of Circumstantial Evidence |
| Vehicle Code section 23152(a). | | | | Circumstantial evidence is evidence that, if found to be |
| "Under the influence" is defined as: A person is under | | | | true, proves a fact from which an inference of the |
| the influence of an alcoholic beverage when as a | | | | existence of another fact may be drawn. An |
| result of drinking the beverage, using the drug, or both, | | | | inference is a deduction of fact that may logically and |
| his or her physical or mental abilities are so impaired | | | | reasonably be drawn from another fact or group of |
| that he or she no longer has the ability to drive a | | | | facts established by the evidence. |
| vehicle with the caution characteristic of a sober | | | | A finding of guilt may not be based on circumstantial |
| person of ordinary prudence under the same or similar | | | | evidence alone, unless the proved circumstances are |
| circumstances. If it is established that a person is | | | | not only: 1) consistent with the theory that the |
| driving a vehicle under the influence of an alcoholic | | | | defendant is guilty of the crime, but 2) cannot be |
| beverage, it is no defense that another cause also | | | | reconciled with any other rational conclusion. |
| tended to impair his or her ability to drive with the | | | | Importantly, if the circumstantial evidence permits two |
| required caution, such as evidence of loss of sleep, | | | | reasonable interpretations, one of which points to the |
| epilepsy, diabetes, or injury. | | | | defendant's guilt and the other to defendant's |
| BAC at or above .08 percent-Per Se DUI violation | | | | innocence, the jury must adopt that interpretation that |
| A BAC at or above .08 percent can be charged as a | | | | points to the defendant's innocence, and reject that |
| violation of California Vehicle Code section 23152(b). | | | | interpretation that points to guilt. |