California, United States of America
The following excerpt is from People v. Stockman, 270 Cal.Rptr.3d 812, 56 Cal.App.5th 1093 (Cal. App. 2020):
On the issue of whether the defendant drove a vehicle while under the influence, however, the two offenses are identical. (See People v. Subramani (1985) 173 Cal.App.3d 1106, 1111, 219 Cal.Rptr. 644 [ section 23153 is a counterpart of section 23152, with section 23153 containing additional elements other than driving under the influence].) We can discern no reason why the instructions concerning whether the defendant was under the influence should differ for the two offenses.
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