709. Driving Under the Influence (Veh. Code, §§ 23152, 23153) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The statute just read to you uses the term "under the influence." A driver is not necessarily "under the influence" just because he or she has consumed some alcohol [or drugs]. A driver is "under the influence" when he or she has consumed an amount of alcohol [or drugs] that impairs his or her ability to drive in a reasonably careful manner. ___________________________________________________________________________ New September 2003