Section 2100 | CALCRIM (Jury Instructions)

[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 a vehicle/
operate a vessel) as an ordinarily cautious person, in full possession of
his or her faculties and using reasonable care, would (drive a vehicle/
operate a vessel) under similar circumstances.]
[If the People have proved beyond a reasonable doubt that the
defendant’s blood alcohol level was 0.08 percent or more at the time of
the chemical analysis, you may, but are not required to, conclude that
the defendant was under the influence of an alcoholic beverage 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.]
[The People allege that the defendant committed the following illegal
act[s]:
<list name[s] of offense[s]>.
To decide whether the defendant committed
<list name[s] of
offense[s]>, please refer to the separate instructions that I (will give/have
given) you on (that/those) crime[s].]
[The People [also] allege that the defendant failed to perform the
following legal (duty/duties) while (driving the vehicle/operating the
vessel): (the duty to exercise ordinary care at all times and to maintain
proper control of the (vehicle/vessel)/
<insert other duty or
duties alleged>).]
[You may not find the defendant guilty unless all of you agree that the
People have proved that the defendant (committed [at least] one illegal
act/[or] failed to perform [at least] one duty).
<Alternative A—unanimity required; see Bench Notes>
[You must all agree on which (act the defendant committed/ [or] duty
the defendant failed to perform).]
<Alternative B—unanimity not required; see Bench Notes>
[But you do not have to all agree on which (act the defendant
committed/ [or] duty the defendant failed to perform).]]
[Using ordinary care means using reasonable care to prevent reasonably
foreseeable harm to someone else. A person fails to exercise ordinary
care if he or she (does something that a reasonably careful person would
not do in the same situation/ [or] fails to do something that a reasonably
careful person would do in the same situation).]
[An act causes bodily injury to another person if the injury is the direct,
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VEHICLE OFFENSES
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natural, and probable consequence of the act and the injury would not
have happened without the act. A natural and probable consequence is
one that a reasonable person would know is likely to happen if nothing
unusual intervenes. In deciding whether a consequence is natural and
probable, consider all the circumstances established by the evidence.]
[There may be more than one cause of injury. An act causes bodily
injury to another person only if it is a substantial factor in causing the
injury. A su