CALCRIM No. 2100

Causing Injury (Veh. Code, § 23153(a), (f), (g))

The defendant is charged [in Count] with causing injury to

another person while (driving a vehicle/operating a vessel) under the

[combined] influence of (an alcoholic beverage/ [or] a drug/ [or] an

alcoholic beverage and a drug) [in violation of Vehicle Code section

23153(a)/(f)/(g)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (drove a vehicle/operated a vessel);

2. When (he/she) (drove a vehicle/operated a vessel), the defendant

was under the [combined] influence of (an alcoholic beverage/ [or]

a drug/ [or] an alcoholic beverage and a drug);

3. While (driving a vehicle/operating a vessel) under the influence,

the defendant also (committed an illegal act/ [or] neglected to

perform a legal duty);

AND

4. The defendant’s (illegal act/ [or] failure to perform a legal duty)

caused bodily injury to another person.

A person is under the influence if, as a result of (drinking [or consuming]

an alcoholic beverage/ [and/or] taking a drug), his or her mental or

physical abilities are so impaired that he or she is no longer able to

(drive a vehicle/operate a vessel) with the caution of a sober person,

using ordinary care, under similar circumstances.

The manner in which a person drives is not enough by itself to establish

whether the person is or is not under the influence of (an alcoholic

beverage/ [or] a drug) [or under the combined influence of an alcoholic

beverage and a drug]. However, it is a factor to be considered, in light of

all the surrounding circumstances, in deciding whether the person was

under the influence.

[An alcoholic beverage is a liquid or solid material intended to be

consumed that contains ethanol. Ethanol is also known as ethyl alcohol,

drinking alcohol, or alcohol. [An alcoholic beverage includes

<insert type[s] of beverage[s] from V eh. Code, § 109 or Bus. & Prof. Code,

§ 23004, e.g., wine, beer>.]]

[A drug is a substance or combination of substances, other than alcohol,

that could so affect the nervous system, brain, or muscles of a person

that it would appreciably impair his or her ability to (drive a vehicle/

operate a vessel) as an ordinarily cautious person, in full possession of

his or her faculties and using reasonable care, would (drive a vehicle/

operate a vessel) under similar circumstances.]

[If the People have proved beyond a reasonable doubt that the

defendant’s blood alcohol level was 0.08 percent or more at the time of

the chemical analysis, you may, but are not required to, conclude that

the defendant was under the influence of an alcoholic beverage at the

time of the alleged offense.]

[In evaluating any test results in this case, you may consider whether or

not the person administering the test or the agency maintaining the

testing device followed the regulations of the California Department of

Public Health.]

[The People allege that the defendant committed the following illegal

act[s]: <list name[s] of offense[s]>.

To decide whether the defendant committed <list name[s] of

offense[s]>, please refer to the separate instructions that I (will give/have

given) you on (that/those) crime[s].]

[The People [also] allege that the defendant failed to perform the

following legal (duty/duties) while (driving the vehicle/operating the

vessel): (the duty to exercise ordinary care at all times and to maintain

proper control of the (vehicle/vessel)/ <insert other duty or

duties alleged>).]

[Y ou may not find the defendant guilty unless all of you agree that the

People have proved that the defendant (committed [at least] one illegal

act/[or] failed to perform [at least] one duty).

<Alternative A—unanimity required; see Bench Notes>

[Y ou must all agree on which (act the defendant committed/ [or] duty

the defendant failed to perform).]

<Alternative B—unanimity not required; see Bench Notes>

[But you do not have to all agree on which (act the defendant

committed/ [or] duty the defendant failed to perform).]]

[Using ordinary care means using reasonable care to prevent reasonably

foreseeable harm to someone else. A person fails to exercise ordinary

care if he or she (does something that a reasonably careful person would

not do in the same situation/ [or] fails to do something that a reasonably

careful person would do in the same situation).]

[An act causes bodily injury to another person if the injury is the direct,

CALCRIM No. 2100 VEHICLE OFFENSES

natural, and probable consequence of the act and the injury would not

have happened without the act. A natural and probable consequence is

one that a reasonable person would know is likely to happen if nothing

unusual intervenes. In deciding whether a consequence is natural and

probable, consider all the circumstances established by the evidence.]

[There may be more than one cause of injury. An act causes bodily

injury to another person only if it is a substantial factor in causing the

injury. A substantial factor is more than a trivial or remote factor.

However, it need not be the only factor that causes the injury.]

[It is not a defense that the defendant was legally entitled to use the

drug.]

[If the defendant was under the influence of (an alcoholic beverage/ [and/

or] a drug), then it is not a defense that something else also impaired

(his/her) ability to (drive a vehicle/operate a vessel).]

New January 2006; Revised June 2007, April 2008, December 2008, August 2015,

September 2017, March 2018, September 2019, October 2021, October 2025*

* Denotes changes only to bench notes and other commentaries.