What is the test for a defendant to be guilty of driving while under the influence of drugs in violation of Vehicle Code section 23152?

California, United States of America


The following excerpt is from People v. Canty, 14 Cal.Rptr.3d 1, 32 Cal.4th 1266, 90 P.3d 1168 (Cal. 2004):

By contrast, for a defendant to be guilty of driving while under the influence of drugs in violation of Vehicle Code section 23152, subdivision (a), "`the . . . drug(s) must have so far affected the nervous system, the brain, or muscles [of the individual] as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties. [Citations.]'" (People v. Enriquez, supra, 42 Cal.App.4th at p. 665, 49 Cal.Rptr.2d 710 (italics in original); see also Gilbert v. Municipal Court, supra, 73 Cal.App.3d at p. 727, 140 Cal.Rptr. 897; Veh.Code, 312.) Driving while under the influence of drugs involves a greater impairment of an individual's faculties, and in that respect is not "similar" to being merely under the influence of drugs.

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