What is the test for driving under the influence of alcohol?
California, United States of America
The following excerpt is from People v. Moreno, 188 Cal.App.3d 1179, 233 Cal.Rptr. 863 (Cal. App. 1987):
1 A 1924 case did address this question, concluding that "in order to show that a criminal offense had been committed it was necessary to establish the fact that the driver of the automobile was under the influence of intoxicating liquor, which could properly be done by showing that all the persons riding on the front seat of the automobile were drunk at the time it was alleged that the automobile was being driven on a public highway." (People v. Ellena (1924) 67 Cal.App. 683, 687, 228 P. 389.)
** * See footnote *, ante.
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