CALCRIM No. 2112

The defendant is charged [in Count] with driving while addicted

to a drug [in violation of Vehicle Code section 23152(c)].

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 addicted to a drug.

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.

A person is addicted to a drug if he or she:

1. Has become physically dependent on the drug, suffering

withdrawal symptoms if he or she is deprived of it;

2. Has developed a tolerance to the drug’s effects and therefore

requires larger and more potent doses;

AND

3. Has become emotionally dependent on the drug, experiencing a

compulsive need to continue its use.

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

drug.]

New January 2006; Revised March 2018, February 2026*

* Denotes changes only to bench notes and other commentaries.