What is the test for determining whether a defendant has been convicted of a charge of drink driving under the influence of alcohol?

California, United States of America


The following excerpt is from People v. Bausley, A148278 (Cal. App. 2017):

4. The other cases upon which Bausley relies are likewise inapposite. In People v. Flint (1975) 51 Cal.App.3d 333, 338, "the same incident which furnished the evidence that defendant was driving in an intoxicated condition, also supplied proof that what he was driving was an automobile he had stolen," whereas here the two crimes occurred in different counties and involved separate incidents. (See also People v. Wasley (1970) 11 Cal.App.3d 121, 123-124 [prosecutor "knew every fact necessary" to prosecute defendant for one crime when defendant was prosecuted for separate crime where same set of facts involved in both prosecutions].)

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