California Criminal Jury Instructions (CALCRIM) (2017)

2112. Driving While Addicted to a Drug

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2112.Driving While Addicted to a Drug (Veh. Code, § 23152(c))
The defendant is charged [in Count ] with driving while addicted
to a drug [in violation of Vehicle Code section 23152(c)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant drove a vehicle;
AND
2. When (he/she) drove, the defendant was addicted to a drug.
Adrug 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 as an
ordinarily cautious person, in full possession of his or her faculties and
using reasonable care, would drive under similar circumstances.
A person is addicted to a drug if he or she:
1. Has become physically dependent on the drug, suffering
withdrawal symptoms if he or she is deprived of it;
2. Has developed a tolerance to the drug’s effects and therefore
requires larger and more potent doses;
AND
3. Has become emotionally dependent on the drug, experiencing a
compulsive need to continue its use.
[It is not a defense that the defendant was legally entitled to use the
drug.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime. Give this instruction if the defendant is charged with a misdemeanor a
felony based on prior convictions.
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]; People v. Cline (1998) 60
Cal.App.4th 1327, 1334–1336; People v. Weathington, supra, 231 Cal.App.3d at p.
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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 Percent
Blood Alcohol: Prior Convictions. If the court grants a bifurcated trial, give
CALCRIM No. 2126, Driving Under the Influence or With 0.08 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].)
Vehicle Code section 23630 states that the fact that the defendant was legally
entitled to use the drug is not a defense to a charge of driving under the influence.
(Veh. Code, § 23630.) It is unclear whether this provision applies to the charge of
driving while addicted. If the court concludes that the statute does apply, the court
may add the bracketed sentence at the end of the instruction: “It is not a defense
that the defendant was legally entitled to use the drug.”
In addition, Vehicle Code section 23152(c) states “[t]his subdivision shall not apply
to a person who is participating in a narcotic treatment program approved pursuant
to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division
10.5 of the Health and Safety Code.” If there is evidence that the defendant is
participating in an approved treatment program, the court has a sua sponte duty to
instruct on this defense.
On request, give CALCRIM No. 2241, Driver and Driving Defined.
Related Instructions
CALCRIM No. 2125, Driving Under the Influence or With 0.08 Percent Blood
Alcohol: Prior Convictions.
CALCRIM No. 2126, Driving Under the Influence or With 0.08 Percent Blood
Alcohol: Prior Convictions—Bifurcated Trial.
AUTHORITY
• Elements. Veh. Code, § 23152(c).
Drug Defined. Veh. Code, § 312.
• Addict Defined. People v. O’Neil (1965) 62 Cal.2d 748, 754 [44 Cal.Rptr.
320, 401 P.2d 928].
• Prior Convictions. People v. Weathington (1991) 231 Cal.App.3d 69, 90 [282
Cal.Rptr. 170].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 205–210.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.02[1][a] (Matthew Bender).
CALCRIM No. 2112 VEHICLE OFFENSES
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