In order to be convicted of a California DUI or drunk driving (driving while impaired by alcohol, or under the influence of alcohol), it must be proven beyond a reasonable doubt that the person was under the influence of an alcoholic beverage, which caused the driver to either drive without due caution or it is proven the driver’s blood alcohol content (BAC) was at or above .08%. Where a driver’s blood or breath alcohol content exceeds the legal limit, it is considered a violation of the “per se" law.
Under the first type of California DUI theory, the focus is on the impairment (or lack of impairment) of the driver. Under the second type of California DUI theory, the focus is on the alcohol level, regardless of whether or not the driver is impaired. A DUI conviction can be obtained on either (or both) of these theories; it is essentially two bites at the same apple for California DUI prosecutors.
For purposes of California DUI laws, "alcoholic beverage" is defined as any liquid or solid material, whether or not combined with any other substance, that is intended to be ingested by a person and that contains ethanol (also known as ethyl alcohol), drinking alcohol, or alcohol, including malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages ingested separately or as a mixture and that contains 1/2 of 1 percent or more of alcohol.
