CALCRIM No. 2114

for Hire (Veh. Code, § 23152(e))

The defendant is charged [in Count] with driving with a blood -

alcohol level of 0.04 percent or more with a passenger for hire [in

violation of Vehicle Code section 23152(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;

AND

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

vehicle.

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.]

New March 2018; Revised February 2026*

* Denotes changes only to bench notes and other commentaries.