What is the test for a driver who is driving under the influence of alcohol?

To establish a violation of Vehicle Code section 23153, three elements must be proven beyond a reasonable doubt: (1) driving a vehicle while under the influence of an alcoholic beverage or drug, (2) when so driving, committing some act which violates the law or is a failure to perform some duty required by law, and (3) as a proximate result of this violation of law or failure to perform a duty, another person was injured. (People v. Verlinde (2002) 100 Cal.App.4th 1146.)