According to California law, it is “unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.” (Vehicle Code § 23153(b).)

In order to be convicted of driving a vehicle with a .08 percent blood alcohol content (BAC) level causing injury, the Alameda County District Attorney must prove all the following beyond a reasonable doubt: that the individual drove a vehicle with a BAC of 0.08 percent or more by weight, and when the person was driving with that blood alcohol level, he or she also committed an illegal act or neglected to perform a legal duty, and that the defendant’s illegal act or failure to perform a legal duty caused bodily injury to another person.

Using “ordinary care” means using reasonable care to prevent reasonably foreseeable harm to someone else. A driver fails to exercise ordinary care if he or she does something that a “reasonably careful driver” would not do in the same situation or fails to do something that a
“reasonably careful driver” would do in the same situation.

An act causes bodily injury to another person if the injury is the direct, natural, and probable consequence of the act and the injury would not have happened without the act. There may be more than one cause of injury. An act causes bodily injury to another person only if it is a “substantial factor” in causing the injury. A “substantial factor” is more than a trivial or remote factor. However, it need not be the only factor that causes the injury. (Calcrim 2101.)

If you have been accused of driving under the influence, please contact San Francisco/Oakland DUI attorney Eloy I. Trujillo to discuss your case, and any possible defenses.

Note: this article is not intended to be legal advice. The specific facts of your case should be discussed with legal counsel. Contact the Law Offices of Eloy I. Trujillo today to discuss your case with an experienced Bay Area DUI Lawyer.

We represent clients in all courts of Alameda County, San Francisco County, San Mateo County, Contra Costa County, Solano County, Sonoma County, Napa County, Santa Cruz County, Santa Clara County and Marin County. Criminal defense, DUI and traffic ticket lawyer, Eloy I. Trujillo represents clients throughout the entire San Francisco Bay Area including: Alameda, Albany, Antioch, Berkeley, Burlingame, Castro Valley, Dixon, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfax, Fairfield, Fremont, Hayward, Hillsborough, Lafayette, Livermore, Martinez, Mill Valley, Mountain View, Oakland, Orinda, Palo Alto, East Palo Alto, Piedmont, Pittsburg, Pleasanton, Redwood City, Richmond, San Bruno, San Francisco, South San Francisco, San Leandro, San Lorenzo, San Mateo, Santa Clara, San Jose, San Pablo, San Rafael, San Ramon, Santa Rosa, Napa, Union City, Vacaville, Vallejo and Walnut Creek.


Eloy I. Trujillo's main offices are located at 1686 Bryant Street, San Francisco, & 184 13th Street, Suite 2, Oakland, California.