What factors have been used to uphold convictions for driving under the influence of alcohol?
California, United States of America
The following excerpt is from People v. Cole, B254915 (Cal. App. 2016):
in People v. Talamantes (1992) 11 Cal.App.4th 968, 973, these cases have relied on some or all of the following factors in upholding such convictions: (1) blood-alcohol level above the .08 percent legal limit; (2) a predrinking intent to drive; (3) knowledge of the hazards of driving while intoxicated; and (4) highly dangerous driving." (Autry, supra, 37 Cal.App.4th at p. 358.)
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