What is the test for driving under the influence of alcohol?

The first district next took up the issue in People v. Von Staden, supra, 195 Cal.App.3d 1423, 241 Cal.Rptr. 523. In that case defendant left a party at around 2:00 in the morning, after consuming alcohol and despite the host's urging that he not drive. He lost control of his car on a curve, killing his passenger. The speed limit in the area was 40 miles per hour, and at the curve it was posted for 35 miles per hour. Defendant was travelling 50 to 60 miles per hour when he entered the curve. His blood alcohol at the time was approximately .22 percent. (Id. at p. 1426, 241 Cal.Rptr. 523.)