What is the test for a charge of driving under the influence of alcohol?
California, United States of America
The following excerpt is from People v. Serratos, C072041 (Cal. App. 2016):
"[O]ne instance of drunk driving is chargeable as only one count of felony drunk driving (i.e., one count of [Veh. Code,] 23153, subd. (a) and one count of subd. (b)) even if more than one person is injured thereby." (Wilkoff v. Superior Court (1985) 38 Cal.3d 345, 349, fn. omitted.)
Accordingly, we shall vacate defendant's convictions in counts 3 and 4.
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