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

mind of a person who acts with conscious indifferences to the consequences is simply, "I don't care what happens." ' [Citation.] The test is objective: whether a reasonable person in the defendant's position would have been aware of the risk involved." (People v. Bennett (1991) 54 Cal.3d 1032, 1036.)

"[A] driver's level of intoxication is an integral aspect of the 'driving conduct.' A high level of intoxication sets the stage for tragedy long before the driver turns the ignition key. 'There is a very commonly understood risk which attends every motor vehicle driver who is intoxicated. [Citation.] One who willfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a motor vehicle, thereby combining sharply impaired physical and mental faculties with a vehicle capable of great force and speed, reasonably may be held to exhibit a conscious disregard of the safety of others. The effect may be lethal.' " (People v. Bennett, supra, 54 Cal.3d at p. 1038.)