DUI attorney prosecutors need to prove an additional element to obtain a drunk driving conviction, lawyers in San Diego can say.
The California DUI instruction provides, in relevant part, “[T]he crimes or other allegations charged in this case require proof of the union, or joint operation, of act and wrongful intent.
For you to find a person guilty of the crimes of Driving Under the Influence of Alcohol as alleged in Count 1, and, Driving while having a 0.
08% or Higher Blood Alcohol level as alleged in Count 2, that person must not only commit the prohibited act, but must do so with wrongful intent.
A person acts with wrongful intent when he or she intentionally does a prohibited act . . . .”