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“Under the Influence” Defined In a San Diego DUI Case
“Under the influence” is defined as when an alcoholic beverage affects the nervous system, the brain or muscles and prevents the person to drive or operate a vehicle in an appropriate manner like an ordinary person who is in full possession of his/her facilities.
In Byrd v. Municipal Court (1981), appellants were charged with driving under the influence of intoxicating liquor and under the combined influence of intoxicating liquor and drugs. After the appellants brought petitions for writs of prohibition or mandate seeking to restrain prosecution, the court denied them. The appellants’ demurrers were overturned by the municipal court because they argued that the use of the word “drugs” in the complaints did not give the adequate notice of the charges made against them.
In People v. Haeussler (1953), Haeussler (Appellant) was convicted of manslaughter (Penal Code, § 192 [3]) and driving under the influence of intoxicating liquor. The appellant’s blood was taken while she was at the hospital and the result of the blood sample was taken without her consent. The appellant argued that the blood results were taken without her consent deprived her of due process law, but the court rejected the appellant’s argument. The court stated that the definition of “under the influence of intoxicating liquor” was appropriate.
In people v. Canty (2002), Canty (Defendant) was convicted of driving under the influence of methamphetamine. Defendant was ineligible for treatment under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 because driving under the influence of drugs is not part of Proposition 36. But, defendant was placed on probation and given consecutive county jail terms for misdemeanor offense.
The definition of “Under the Influence” was correctly used by the court in these three cases because each of the defendant’s or appellant’s nervous system or brain was affected by liquor or drugs and it caused their inability to drive a vehicle.
If you have any questions about your DUI case in San Diego, please contact San Diego DUI attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Attorney
