CALCRIM No. 2125

Blood Alcohol: Prior Convictions (Veh. Code, §§ 23550, 23550.5 &

23566)

If you find the defendant guilty of ([causing injury while] driving under

the influence/ [or] [causing injury while] driving with a blood alcohol

level of (0.08/0.04) percent or more), [or the lesser offense of driving

under the influence [or driving with a blood alcohol level of (0.08/0.04)

percent or more]], you must then determine whether the People have

proved the additional allegation that the defendant has been convicted of

(another/other) driving under the influence offense[s] before. It has

already been determined that the defendant is the person named in

exhibits <insert numbers or descriptions of exhibits>. Y ou must

decide whether the evidence proves that the defendant was convicted of

the alleged crime[s].

The People allege that the defendant has been convicted of:

[1.] A violation of <insert V eh. Code section violated>, on

<insert date of conviction>, in the

<insert name of court>, in Case Number <insert docket or

case number>(;/.)

[AND <Repeat for each prior conviction alleged>.]

[Consider the evidence presented on this allegation only when deciding

whether the defendant was previously convicted of the crime[s] alleged

[or for the limited purpose of <insert other permitted

purpose, e.g., assessing credibility of the defendant>]. Do not consider this

evidence for any other purpose.]

[Y ou must consider each alleged conviction separately.] The People have

the burden of proving (the/each) alleged conviction beyond a reasonable

doubt. If the People have not met this burden [for any alleged

conviction], you must find that the alleged conviction has not been

proved.

New January 2006; Revised March 2018