California Vehicle Code 23153(A)
Vehicle Code section 23153, subdivision (a) provides in pertinent part:
"It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, 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."
In People v. Minor (1994) 28 Cal.App.4th 431, 437-438, the court explained:
"The law is clear that the elements of section 23153, subdivision (a), are as follows:
(1) driving a vehicle while under the influence of an alcoholic beverage or drug;
(2) when so driving, committing some act which violates the law or is a failure to perform some duty required by law;
(3) as a proximate result of such violation of law or failure to perform a duty, another person was injured.
Section 23153, subdivision (b), has the same elements except the first element is expressed as driving a vehicle 'while having 0.08 percent or more, by weight, of alcohol in his or her blood . . . .' ( 23153, subd. (b).)
To satisfy the second element, the evidence must show an unlawful act or neglect of duty in addition to driving under the influence."