What is the test for a charge of driving under the influence of alcohol?
California, United States of America
The following excerpt is from People v. Capetillo, 220 Cal.App.3d 211, 269 Cal.Rptr. 250 (Cal. App. 1990):
In the present case, the only acts or omissions supported by the evidence are the joyriding and hit and run offenses. Therefore, felony drunk driving must be established, if at all, on the basis of one of those offenses. (People v. Ferrara, supra, 202 Cal.App.3d at p. 206, 248 Cal.Rptr. 311.)
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