CALCRIM No. 2131

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

the influence/ [or] [the lesser offense of] driving under the influence), you

must then decide whether the People have proved the additional

allegation that the defendant willfully refused to (submit to/ [or]

complete) a chemical test to determine ((his/her) blood alcohol content/

[or] whether (he/she) had consumed a drug).

To prove this allegation, the People must prove that:

1. A peace officer asked the defendant to submit to a chemical test

to determine ((his/her) blood alcohol content/ [or] whether (he/

she) had consumed a drug);

2. The peace officer fully advised the defendant of the requirement

to submit to a test and the consequences of not submitting to a

test;

3. The defendant willfully refused to (submit to a test/ [or] to

complete the test);

AND

4. The peace officer lawfully arrested the defendant and had

reasonable cause to believe that defendant was driving a motor

vehicle in violation of Vehicle Code section 23140, 23152, or

23153.

To have fully advised the defendant, the peace officer must have told

(him/her) all of the following information:

1. (He/She) may choose a blood(,/ or) breath[, or urine] test; [if (he/

she) completes a breath test, (he/she) may also be required to

submit to a blood [or urine] test to determine if (he/she) had

consumed a drug;] [if only one test is available, (he/she) must

complete the test available;] [if (he/she) is not able to complete

the test chosen, (he/she) must submit to (the other/another) test;]

2. (He/She) does not have the right to have an attorney present

before saying whether (he/she) will submit to a test, before

deciding which test to take, or during administration of a test;

3. If (he/she) refuses to submit to a test, the refusal may be used

against (him/her) in court;

4. Failure to submit to or complete a test will result in a fine and

mandatory imprisonment if (he/she) is convicted of driving under

the influence or with a blood alcohol level of 0.08 percent or

more;

AND

5. Failure to submit to or complete a test will result in suspension of

(his/her) driving privilege for one year or revocation of (his/her)

driving privilege for two or three years.

5. <Short Alternative; see Bench Notes>

5. [(His/Her) driving privilege will be revoked for two or three years

if (he/she) has previously been convicted of one or more specific

offenses related to driving under the influence or if (his/her)

driving privilege has previously been suspended or revoked.]

5. <Long Alternative; see Bench Notes>

[A. (His/Her) driving privilege will be revoked for two years if

(he/she) has been convicted within the previous (seven/ten)

years of a separate violation of Vehicle Code section 23140,

23152, 23153, or 23103 as specified in section 23103.5, or of

Penal Code section 191.5 or 192(c)(3). (His/Her) driving

privilege will also be revoked for two years if (his/her) driving

privilege has been suspended or revoked under Vehicle Code

section 13353, 13353.1, or 13353.2 for an offense that occurred

on a separate occasion within the previous (seven/ten) years;

[A. AND

B. (His/Her) driving privilege will be revoked for three years if

(he/she) has been convicted within the previous (seven/ten)

years of two or more of the offenses just listed. (His/Her)

driving privilege will also be revoked for three years if (his/

her) driving privilege was previously suspended or revoked on

two occasions, or if (he/she) has had any combination of two

convictions, suspensions, or revocations, on separate occasions,

within the previous (seven/ten) years.]

[Vehicle Code section 23140 prohibits a person under the age of 21 from

driving with a blood alcohol content of 0.05 percent or more. Vehicle

Code section 23152 prohibits driving under the influence of alcohol or

drugs or driving with a blood alcohol level of 0.08 percent or more.

Vehicle Code section 23153 prohibits causing injury while driving under

the influence of alcohol or drugs or causing injury while driving with a

blood alcohol level of 0.08 percent or more. Vehicle Code section 23103

as specified in section 23103.5 prohibits reckless driving involving

alcohol. Penal Code section 191.5 prohibits gross vehicular manslaughter

while intoxicated, and Penal Code section 192(c)(3) prohibits vehicular

manslaughter while intoxicated.]

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

VEHICLE OFFENSES CALCRIM No. 2131

someone else, or gain any advantage.

[A person employed as a police officer by <insert name of

agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g., “designated by the director of the agency as a peace

offıcer”> .]

[A defendant’s silence in response to an officer’s request to (submit to a

chemical test/ [or] complete a chemical test) may be a refusal. If you

conclude that the defendant was silent in response to an officer’s request

to (submit to a chemical test/[or] complete a chemical test), you must

decide whether that conduct was a refusal.]

The People have the burden of proving beyond a reasonable doubt that

the defendant willfully refused to (submit to/ [or] complete) a chemical

test to determine ((his/her) blood alcohol content/ [or] whether (he/she)

had consumed a drug). If the People have not met this burden, you must

find this allegation has not been proved.

New January 2006; Revised August 2009, March 2017, September 2022