To obtain a conviction for driving under the influence, the prosecution must prove that the defendant drove a vehicle while under the influence of any alcoholic beverage.
Specifically, the elements are:
Driving: The defendant had to be driving at the time alleged to have been intoxicated.
Vehicle: The defendant had to be driving a vehicle, as defined by the California Vehicle Code.
Under the Influence: The defendant had to be “under the influence” of alcohol at the time of driving.
Alcoholic Beverage: The defendant had to be intoxicated by a substance defined as an alcoholic beverage. Per Se Rule: Where the evidence establishes beyond a reasonable doubt that a chemical analysis of the defendant’s blood, breath, or urine established that the defendant had a blood alcohol content (BAC) at or above .08% at the time the test was performed, the trier of fact may, but need not, infer that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense. By: DARREN KAVINOKY