Section 2131 | CALCRIM (Jury Instructions)

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
CALCRIM No. 2131
VEHICLE OFFENSES
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the court determines that the longer version is more appropriate. The court may also
choose to give the bracketed paragraph defining the Vehicle and Penal Code sections
discussed in the long alternative at its discretion.
When giving the long version, give the option of “ten years” for the time period in
which the prior conviction may be used, unless the court determines that the law
prior to January 1, 2005 is applicable. In such case, the court must select the
“seven-year” time period.
The jury must d