Prior Conviction

2125. Driving Under the Influence or With 0.08 Percent Blood Alcohol: Prior Convictions

If you find the defendant guilty of ([causing injury while] driving under the influence/ [or] [causing injury while] driving with a blood alcohol level of 0.08 percent or more), [or the lesser offense of driving under the influence [or driving with a blood alcohol level of 0.08 percent or more]], you must then determine whether the People have proved the additional allegation that the defendant has been convicted of (another/other) driving under the influence offense[s] before. It has already been determined that the defendant is the person named in exhibits __________ <insert numbers or descriptions of exhibits>. You must decide whether the evidence proves that the defendant was convicted of the alleged crime[s].

The People allege that the defendant has been convicted of:

[1.] A violation of __________ <insert Veh. Code section violated>, on __________ <insert date of conviction>, in the <insert name of court>, in Case Number __________ <insert docket or case number>(;/.)