Section 2125 | CALCRIM (Jury Instructions)

(People v. Adams (1976) 59 Cal.App.3d 559, 567 [131 Cal.Rptr. 190] [failure to
follow regulations in administering breath test goes to weight, not admissibility, of
the evidence]; People v. Williams (2002) 28 Cal.4th 408, 417 [121 Cal.Rptr.2d 854,
49 P.3d 203] [same]; People v. Esayian (2003) 112 Cal.App.4th 1031, 1039 [5
Cal.Rptr.3d 542] [results of blood test admissible even though phlebotomist who
drew blood not authorized under title 17].)
Give the bracketed sentence stating that “it is not a defense that something else also
impaired (his/her) ability to drive” if there is evidence of an additional source of
impairment such as an epileptic seizure, inattention, or falling asleep.
If the defendant is charged with one or more prior convictions for driving under the
influence, the defendant may stipulate to the convictions. (People v. Weathington
(1991) 231 Cal.App.3d 69, 90 [282 Cal.Rptr. 170].) In addition, either the defendant
or the prosecution may move for a bifurcated trial. (People v. Calderon (1994) 9
Cal.4th 69, 77–78 [36 Cal.Rptr.2d 333, 885 P.2d 83]; People v. Cline (1998) 60
Cal.App.4th 1327, 1334–1336 [71 Cal.Rptr.2d 41]; People v. Weathington, supra,
231 Cal.App.3d at p. 90.) If the defendant does not stipulate and the court does not
grant a bifurcated trial, give CALCRIM No. 2125, Driving Under the Influence or
With 0.08 or 0.04 Percent Blood Alcohol: Prior Convictions. If the court grants a
bifurcated trial, give CALCRIM No. 2126, Driving Under the Influence or With
0.08 or 0.04 Percent Blood Alcohol: Prior Convictions—Bifurcated Trial. If the
defendant stipulates to the truth of the convictions, the prior convictions should not
be disclosed to the jury unless the court admits them as otherwise relevant. (See
People v. Hall (1998) 67 Cal.App.4th 128, 135 [79 Cal.Rptr.2d 690].)
On request, give CALCRIM No. 2241, Driver and Driving Defined.
Defenses—Instructional Duty
On request, if supported by the evidence, the court must instruct on the “imminent
peril/sudden emergency” doctrine. (People v. Boulware (1940) 41 Cal.App.2d 268,
269–270 [106 P.2d 436].) The court may use the bracketed instruction on sudden
emergency in CALCRIM No. 590, Gross Vehicular Manslaughter While Intoxicated.
Related Instructions
CALCRIM No. 2101, Driving With 0.08 Percent Blood Alcohol Causing Injury.
CALCRIM No. 2125, Driving Under the Influence or With 0.08 or 0.04 Percent
Blood Alcohol: Prior Convictions.
CALCRIM No. 2126, Driving Under the Influence or With 0.08 or 0.04 Percent
Blood Alcohol: Prior Convictions—Bifurcated Trial.
CALCRIM No. 595, Vehicular Manslaughter: Speeding Laws Defined.
AUTHORITY
•
Elements. Veh. Code, § 23153(a), (f), (g); People v. Minor (1994) 28
Cal.App.4th 431, 438 [33 Cal.Rptr.2d 641].
•
Alcoholic Beverage Defined. Veh. Code, § 109, Bus. & Prof. Code, § 23004.
•
Drug Defined. Veh. Code, § 312.
VEHICLE OFFENSES
CALCRIM No. 2100
127

influence, the defendant may stipulate to the convictions. (People v. Weathington
(1991) 231 Cal.App.3d 69,