On the basis of section 23153 of the California Highway Traffic Code, can a defendant be found to have been driving under the influence of alcohol?

California, United States of America


The following excerpt is from People v. Stockman, 270 Cal.Rptr.3d 812, 56 Cal.App.5th 1093 (Cal. App. 2020):

On the issue of whether the defendant drove a vehicle while under the influence, however, the two offenses are identical. (See People v. Subramani (1985) 173 Cal.App.3d 1106, 1111, 219 Cal.Rptr. 644 [ section 23153 is a counterpart of section 23152, with section 23153 containing additional elements other than driving under the influence].) We can discern no reason why the instructions concerning whether the defendant was under the influence should differ for the two offenses.

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