What is the test for driving under the influence of alcohol?
California, United States of America
The following excerpt is from People v. Simi, H035783 (Cal. App. 2011):
4. It is also unlawful to be in a public place so far under the influence of any drug or controlled substance as to either be unable to care for anyone's safety or to be impeding the passage of others on a public way. (Pen. Code, 647, subd. (f).) It takes more to establish a violation of Penal Code section 647, subdivision (f) than Health and Safety Code section 11550, subdivision (a). (People v. Rich (1977) 72 Cal.App.3d 115, 122.)
It is also unlawful for a person who is under the under the influence of any drug or alcoholic beverage to drive a vehicle. (Veh. Code, 23152, subd. (a).) Similarly, it takes more, namely evidence of impairment of the ability to operate a vehicle, to establish a violation of Vehicle Code section 23152, subdivision (a) than Health and Safety Code section 11550, subdivision (a). (People v. Canty, supra, 32 Cal.4th 1266, 1278.)
5. Unspecified section references are to the Evidence Code.
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