Is driving under the influence of alcohol a general intent crime?

California, United States of America


The following excerpt is from People v. Buckner, B247411 (Cal. App. 2015):

We disagree. In the instant case, there was clearly a divisible course of conduct based on two distinct intents and objectives. Driving under the influence in violation of section 23153 is a general intent crime. (People v. Mathson (2012) 210 Cal.App.4th 1297, 1312-1313.) Defendant's intent was therefore to do the act, which was to drive impaired. The collision with the motorcycle provides a clear dividing line. Indeed, it would be difficult to find a clearer line between acts in such close temporal proximity. After the collision with the motorcycle, defendant did not stop, identify herself, and perhaps render aid, but, rather, she deliberately fled the scene, thus demonstrating an intent to avoid criminal and/or civil liability for the collision.

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