DWI/DUI - Drunk Driving Laws And Attorneys In California
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Driving Under Influence of Alcohol or Drugs In California
23152. (a) It is unlawful for any person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight,
of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of
alcohol in a person's blood is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption
that the person had 0.08 percent or more, by weight, of alcohol in his or
her blood at the time of driving the vehicle if the person had 0.08 percent
or more, by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to
drive a vehicle. This subdivision shall not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight,
of alcohol in his or her blood to drive a commercial motor vehicle, as
defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption
that the person had 0.04 percent or more, by weight, of alcohol in his or
her blood at the time of driving the vehicle if the person had 0.04 percent
or more, by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall
remain operative until the director determines that federal regulations
adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of
Title 49 of the Code of Federal Regulations do not require the state to
prohibit operation of commercial vehicles when the operator has a
concentration of alcohol in his or her blood of 0.04 percent by weight or
more.
(f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative
January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
NOTE: This section remains in effect only until notice by the Secretary of
State, at which time it is repealed and the following section becomes
effective.
23152 (a) It is unlawful for any person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug, to drive a vehicle..
(b) It is unlawful for any person who has 0.08 percent or more, by weight,
of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of
alcohol in a person's blood is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption
that the person had 0.08 percent or more, by weight, of alcohol in his or
her blood at the time of driving the vehicle if the person had 0.08 percent
or more, by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to
drive a vehicle. This subdivision shall not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the
Secretary of State of the notice specified in subdivision (f) of Section
23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.
General California DUI Information
California Alcohol / Drug Programs
Find DWI/DUI Lawyers And Attorneys In California
23152. (a) It is unlawful for any person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight,
of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of
alcohol in a person's blood is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption
that the person had 0.08 percent or more, by weight, of alcohol in his or
her blood at the time of driving the vehicle if the person had 0.08 percent
or more, by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to
drive a vehicle. This subdivision shall not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight,
of alcohol in his or her blood to drive a commercial motor vehicle, as
defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption
that the person had 0.04 percent or more, by weight, of alcohol in his or
her blood at the time of driving the vehicle if the person had 0.04 percent
or more, by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall
remain operative until the director determines that federal regulations
adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of
Title 49 of the Code of Federal Regulations do not require the state to
prohibit operation of commercial vehicles when the operator has a
concentration of alcohol in his or her blood of 0.04 percent by weight or
more.
(f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative
January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
NOTE: This section remains in effect only until notice by the Secretary of
State, at which time it is repealed and the following section becomes
effective.
23152 (a) It is unlawful for any person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug, to drive a vehicle..
(b) It is unlawful for any person who has 0.08 percent or more, by weight,
of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of
alcohol in a person's blood is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption
that the person had 0.08 percent or more, by weight, of alcohol in his or
her blood at the time of driving the vehicle if the person had 0.08 percent
or more, by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to
drive a vehicle. This subdivision shall not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the
Secretary of State of the notice specified in subdivision (f) of Section
23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.
General California DUI Information
California Alcohol / Drug Programs
Find DWI/DUI Lawyers And Attorneys In California
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