What is the test for a jury to find that driving on a public highway while intoxicated is negligence?

It is not disputed in this case that there was sufficient evidence from which the jury might have found that respondent was driving while intoxicated within the accepted meaning of that term as correctly defined in the last sentence of the instruction on that subject quoted above. People v. Haeussler, 41 Cal.2d 252, 261-263, 260 P.2d 8. That being so it was clear error not to include the sentence stricken from the instruction that driving a vehicle on a public highway while intoxicated is negligence as a matter of law.