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

California, United States of America


The following excerpt is from People v. Bui, 103 Cal.Rptr.2d 908, 86 Cal.App.4th 1187 (Cal. App. 2001):

The relevant statutes do not proscribe the operation of a vehicle with a specific measurable amount of methamphetamine in the blood; rather, they require proof that defendant was driving "under the influence" of methamphetamine. (Pen.Code, 192, subd. (c)(3); Veh.Code, 23152.) A person is under the influence within the meaning of the statutes when, as a result of using methamphetamine, his physical or mental abilities are impaired to such a degree that he no longer has the ability to drive his vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. (People v. Enriquez (1996) 42 Cal.App.4th 661, 665, 49 Cal.Rptr.2d 710.)

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