CALCRIM No. 2110

The defendant is charged [in Count] with driving under the

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

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

23152(a)/(f)/(g)].

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

prove that:

1. The defendant drove a vehicle;

AND

2. When (he/she) drove, the defendant was under the [combined]

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

beverage and a drug).

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 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 as an

ordinarily cautious person, in full possession of his or her faculties and

using reasonable care, would drive 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.]

[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.]

New January 2006; Revised June 2007, April 2008, August 2015, September 2017,

March 2018, February 2026*

* Denotes changes only to bench notes and other commentaries.