CALCRIM No. 2102

With a Passenger for Hire (Veh. Code, § 23153(e))

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

another person while driving with a blood-alcohol level of 0.04 percent

or more [in violation of Vehicle Code section 23153(e)].

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

prove that:

1. The defendant drove a vehicle;

2. When (he/she) drove, the defendant’s blood-alcohol level was 0.04

percent or more by weight;

3. When (he/she) drove with that blood-alcohol level, (he/she) also

(committed an illegal act/ [or] neglected to perform a legal duty);

4. When (he/she) drove, there was a passenger for hire in the

vehicle;

AND

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

caused bodily injury to another person.

A person is a passenger for hire when the person or someone else pays,

or is expected to pay, for the ride, the payment is or will be with money

or something else of value, and the payment is made to, or expected to

be made to, the owner, operator, agent or any other person with an

interest in the vehicle.

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

the defendant’s (blood/breath) was taken within three hours of the

defendant’s [alleged] driving and that a chemical analysis of the sample

showed a blood-alcohol level of 0.04 percent or more, you may, but are

not required to, conclude that the defendant’s blood-alcohol level was

0.04 percent or more 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: (the duty to

exercise ordinary care at all times and to maintain proper control of the

vehicle/ <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,

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 of 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.]

New March 2018, effective July 2018; Revised September 2019, October 2025*

* Denotes changes only to bench notes and other commentaries.